Tag Archives: Armed Career Criminal Act
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SCOTUS Opinion: Reckless Action Does Not Qualify As “Violent Felony” Under Armed Career Criminal Act
The Armed Career Criminal Act permits a longer jail sentence for those found guilty three or more times of a prior “violent felony,” which is defined as a crime that involves “the use, attempted use, or threatened use of physical force against the person of another.” The Court had previously decided that crimes of negligence lacked the necessary mens rea ... Read More
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SCOTUS Opinion: Court Rejects Comparison of State Offenses to Generic Offenses for Armed Career Criminal Act Enhancement
The Armed Career Criminal Act mandates a 15-year sentence for defendants that have prior convictions for a “serious drug offense” that “involve[es] manufacturing, distributing, or possessing with intent to manufacture or distribute, a controlled substance.” Eddie Lee Shular had six prior Florida convictions for selling and possessing cocaine with intent to sell. The federal trial court deemed those to be ... Read More
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SCOTUS Opinion: Court Broadens Definition Of Generic Burglary Under Armed Career Criminal Act
After Jamar Quarles pled guilty to being a felon in possession of a firearm, prosecutors sought to give him an enhanced sentence under the Armed Career Criminal Act because he had at least three prior “violent felony” convictions. The Act defines “burglary” as being a violent felony, meaning “unlawful or unprivileged entry into, or remaining in, a building or structure, ... Read More
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Robbery Is A “Violent Felony” Under Armed Career Criminal Act
The Armed Career Criminal Act provides a 15-year mandatory minimum sentence for anyone who had previously been convicted of three “violent” felonies. The Act defines a “violent felony” as “any crime punishable by imprisonment for a term exceeding one year” that “has as an element the use, attempted use, or threatened use of physical force against the person of another.” ... Read More
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Burglary Includes Structures Or Vehicles Adapted To Overnight Accommodation
The criminal defendants in United States v. Sims and United States v. Stitt were both sentenced under the mandatory minimum 15-year prison term provided by the Armed Career Criminal Act, which applies where a defendant had three prior convictions for certain crimes, including “burglary.” Sims and Stitt had each been previously convicted of burglary under state laws, which ... Read More