USCA1 Opinion

                                [NOT FOR PUBLICATION]



                            United States Court of Appeals

                                For the First Circuit

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          No. 97-1022



                                    UNITED STATES,



                                      Appellee,



                                          v.



                                    PAUL D. ALLEN,



                                Defendant - Appellant.



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                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                          FOR THE DISTRICT OF MASSACHUSETTS



                   [Hon. Nathaniel M. Gorton, U.S. District Judge]
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                                        Before



                               Torruella, Chief Judge,
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                            Coffin, Senior Circuit Judge,
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                             and Boudin, Circuit Judge. 
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                                _____________________



               R.  Scott Miller,  Jr.,  by appointment  of  the Court,  for
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          appellant.

               Jeanne M. Kempthorne, Assistant United States Attorney, with
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          whom Donald  K. Stern, United  States Attorney, was on  brief for
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          appellee.







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                                  September 18, 1997

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                    Per Curiam.  Paul Allen  appeals the enhancement to his
                    Per Curiam.
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          sentence following his conviction for being a felon in possession



          of a firearm in violation of 18 U.S.C.   922(g)(1).  The district



          court  entered a judgment  against appellant  pursuant to  a plea



          agreement in  which appellant  pled guilty  to violating  section



          922(g)(1)  and "acknowledge[d] that  the provisions of  the Armed



          Career Criminal Act,  18 U.S.C.   924(e) ('ACCA'),  apply to this



          case."   Accordingly, the  district court sentenced  appellant to



          212  months, which amount  includes a sentence  enhancement under



          the ACCA.  We find this sentence enhancement proper.



                      The ACCA applies  when a person who  violates section



          922(g) has three  previous convictions for a violent  felony or a



          serious  drug offense.   While the presentence  report, which the



          district court  adopted, improperly characterized  the qualifying



          crimes  under  the  ACCA  as  "crimes of  violence"  rather  than



          "violent felon[ies],"  appellant's earlier admission that  he was



          subject  to  an enhancement  under  the  provisions of  the  ACCA



          constitutes an admission  that his previous convictions  meet the



          Act's  definitions of "violent felony" or "serious drug offense."



          Because appellant  has made this  admission, he cannot  now claim



          that  the provisions of  the ACCA do  not apply to him.   We also



          note  in passing that  all five of  appellant's previous criminal



          convictions,  considered   qualifying  prior   felonies  in   the



          presentencereport, meetthe statutorydefinitionof "violentfelony."



                      Affirmed.
                      Affirmed.
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