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Criminal Law-Felon in Possession of Firearm-Armed Career Criminal Act-Sentencing Enhancement
Staff Report//January 7, 2026//
Defendant appealed the sentence imposed following his conviction for being a felon in possession of a firearm. The district court determined that defendant qualified for a sentencing enhancement under the Armed Career Criminal Act. Defendant challenged that determination on appeal, arguing that his prior Arkansas conviction did not qualify as a predicate offense.
Where the state drug schedules incorporated a broader definition of cocaine than federal law and was indivisible between pure cocaine and isomers, defendant’s prior state offense could not qualify as a “serious drug offense” under the ACCA.
Judgment is vacated and remanded.
U.S. v. Ferguson (MLW No. 84186/Case No. 24-2178 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.) Appealed from U.S. District Court, Eastern District of Arkansas, Baker, J. (Lott Rolfe, IV, North Little Rock, AR for appellant) (Stephanie Mazzanti, AUSA, Little Rock, AR and Leslie Bright, AUSA, Little Rock, AR for appellee)
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