Defendant appealed from his mandatory minimum sentence under the ACCA, arguing that the district court violated his Sixth Amendment rights by determining itself that defendant had committed at least three predicate offenses, rather than submitting that determination to the jury. ...

Tagged with: ACCA Finding of Predicate Offenses Unlawful Possession of Firearm

Where a defendant who pleaded guilty to being a felon in possession of a firearm challenged his sentencing under the Armed Career Criminal Act, the defendant’s prior Minnesota robbery convictions were predicate offenses under act, so the judgment is affirmed. ...

Tagged with: ACCA Prior Robbery Convictions sentencing

Where a defendant challenged his sentence in a felon-in-possession case, the Arkansas convictions for first-degree terroristic threatening and second-degree domestic battery were violent felonies under the Armed Career Criminal Act, so the judgment is affirmed. Judgment is affirmed. U.S. v. ...

Tagged with: ACCA Prior Convictions sentencing

Where a defendant in a felon-in-possession case challenged his sentencing under the Armed Career Criminal Act, the district court properly found that the defendant’s first-degree controlled substance conviction was a predicate offense under the act, and his fifth-degree assault conviction ...

Tagged with: ACCA Predicate Offenses sentencing

Where a defendant who pleaded guilty to possessing a firearm as a felon challenged his sentence under the Armed Career Criminal Act, the district court correctly classified an Arkansas conviction as a violent felony and two Texas convictions as serious ...

Tagged with: ACCA sentencing Serious Drug Offenses

Defendant appealed from his guilty plea to being a felon in possession of a firearm. The district court sentenced defendant under the ACCA. On appeal, defendant argued that the district court erred in classifying him as an armed career criminal ...

Tagged with: ACCA Felon in Possession of Firearm Sufficiency Of Evidence

Where a defendant challenged his sentence in a felon-in-possession case, arguing that a prior Arkansas conviction for aggravated assault and a South Carolina conviction for pointing a gun at someone were not violent felonies or crimes of violence under the ...

Tagged with: ACCA sentencing Special Condition

Where a defendant who pleaded guilty to being a felon in possession of a firearm challenged his sentence, under U.S. Supreme Court precedent the Arkansas burglary conviction qualified as a violent felony under the Armed Career Criminal Act, so the ...

Tagged with: ACCA sentencing

Defendant was convicted of possession with intent to distribute, using a firearm during drug-trafficking and being a felon in possession of a firearm. At sentencing, the district court overruled defendant’s objection to using his two prior convictions for fleeing an ...

Tagged with: ACCA Concurrent Sentence Residual Clause

  Where a defendant argued that he was incorrectly classified as an armed career criminal, the defendant’s Missouri conviction for second-degree domestic assault qualified as a violent felony under the Armed Career Criminal Act, so the judgment is affirmed. Judgment ...

Tagged with: ACCA domestic assault sentencing

Where defendants in consolidated cases argued that the district court erred in determining that their prior convictions under an Iowa statute warranted a drug-offense enhancement under the Armed Career Criminal Act, the judgments are affirmed because the convictions qualified as ...

Tagged with: ACCA Iowa Convictions sentencing