United States District Court, D. New Hampshire
MEMORANDUM AND ORDER
Barbadoro United States District Judge
Boulanger was convicted of several crimes stemming from a
pharmacy robbery, including one count of possession of a
firearm by a convicted felon in violation of 18 U.S.C. §
922(g)(1). Boulanger's sentence on the felon in
possession charge was subject to a sentencing enhancement
authorized by the Armed Career Criminal Act
(“ACCA”), 18 U.S.C. § 924(e)(1), that
applies when a felon in possession has three or more prior
convictions for a “violent felony or a serious drug
offense.” As a result, Boulanger was subject to a
15-year mandatory minimum sentence and a maximum sentence of
life on the felon in possession charge rather than the
ten-year maximum sentence that ordinarily applies to such
has filed a motion pursuant to 28 U.S.C. § 2255
challenging his sentence on the felon in possession count.
His argument is that he no longer qualifies as an armed
career criminal after the Supreme Court's decision in
Johnson v. United States (“Johnson II”),
135 S.Ct. 2551, 2563 (2015).
October 8, 2004, a jury convicted Boulanger of: robbery
involving controlled substances, in violation of 18 U.S.C.
§ 2118(a)-(c)(1) (Count One); use of a firearm during a
crime of violence, in violation of 18 U.S.C. § 924(c)
(Count Two); possession of a firearm by a convicted felon, in
violation of 18 U.S.C. § 922(g)(1) (Count Three); and
possession of a controlled substance with intent to
distribute, in violation of 18 U.S.C. 841(a)(1) (Count Five).
presentence investigation report (“PSR”) detailed
his lengthy criminal history and outlined appropriate
sentencing options. As the PSR explained, multiple prior
felony convictions had a significant impact on his eventual
sentence by triggering certain statutory enhancements and
Sentencing Guidelines adjustments. The relevant convictions
• One 1979 burglary conviction in Strafford County, NH.
See PSR ¶40.
• Two 1981 robbery convictions in Rockingham County, NH.
See PSR ¶¶41, 45.
• One 1981 robbery conviction in Strafford County, NH.
See PSR ¶42.
• One 1981 armed robbery conviction in Hillsborough
County, NH. See PSR ¶44.
• One 1981 armed robbery conviction in York County, ME.
See PSR ¶46.
• Three 1984 armed robbery convictions in Rockingham
County, NH. See PSR ¶¶ 47, 48, 50.
• One 1988 escape conviction in Merrimack County, NH.
See PSR ¶52.
concluded that Boulanger's sentence on the felon in
possession charge was subject to the ACCA's sentencing
enhancement based on at least three prior violent felony
convictions. PSR, Addendum II (Mar. 25, 2005). The PSR
also noted that Boulanger faced an 84-month consecutive
sentence for the use of a firearm during a crime of violence.
Finally, the PSR determined that Boulanger should be treated
as a career offender based on his escape conviction and one
of his 1984 robbery convictions. ...