ACCA

The Federal Docket

United States v. Jerome Stancil (11th Cir. July 2021)

The Eleventh Circuit affirmed a defendant’s conviction and sentence under the ACCA. The Court held that his prior convictions under a Virginia law that criminalized the mere “sharing” or “giving away” of drugs were predicate prior convictions under the ACCA. The Court also rejected the defendant’s argument that the magistrate judge improperly credited the officers’ testimony at his suppression hearing where the alleged inconsistencies in their testimony were not material.

Borden v. United States (U.S. Supreme Court, June 2021)

In a 5-4 opinion, the Supreme Court held that prior convictions for offenses that only require a mens rea of “recklessness” cannot serve as predicate convictions under the “elements clause” of the Armed Career Criminal Act. The Court reasoned that the language requiring that an offense involved the use of force “against the person of another,” reflected that the perpetrator must act purposefully and intentionally.

United States v. Abdulaziz (1st Cir. June 2021)

The First Circuit vacated a defendant’s sentence which had been enhanced based on a 2014 conviction under state law for distributing marijuana, which the sentencing court held was a “controlled substance offense” under the Guidelines. The First Circuit held that convictions under state laws that do not distinguish between marijuana and hemp, as defined and legalized under federal law, cannot serve as “controlled substance offenses” under the Guidelines.

Jerome Williams v. United States (11th Cir. January 2021)

The Eleventh Circuit affirmed the district court’s denial of the defendant’s 2255 motion based on Johnson where the defendant argued that the caselaw at the time of his sentencing indicated he was more than likely sentenced under the residual clause of the ACCA. The Court disagreed, holding that the legal landscape was ambiguous and that the defendant failed to meet his burden of proving the sentencing court’s reliance on the residual clause.

United States v. Gerald Scott (2d Cir. March 2021, EN BANC)

Sitting en banc, the Second Circuit held that first degree manslaughter under New York law is categorically a “crime of violence” under the ACCA and the Career Offender provision of the Guidelines. Despite the fact that the offense can be committed through omission or inaction, as opposed to only through act of force or threat of force, the Court concluded it fit the bill under the force clauses of the ACCA because it required a victim’s death and a defendant’s intent to cause at least serious bodily injury.

United States v. James Innocent & Elijah Jones (11th Cir. October 2020)

The Eleventh Circuit affirmed the convictions and sentences of two defendants for possession of a firearm by convicted felon, holding that neither met their burden of showing that plain error under Rehaif affected their substantial rights. The Court noted that “most people convicted of a felony know that they are felons” and that the defendant had failed to meet his burden despite showing he had a low IQ and had never served more than a year in jail or prison. The Court distinguished the case from pre-Rehaif cases where a defendant had litigated their felon status or maintained that they were allowed to possess a firearm.

United States v. Cedrin Carter (11th Cir. August 2020)

The Eleventh Circuit upheld a defendant’s conviction and sentence under the ACCA because his prior convictions in 2009 were separate offenses.

United States v. Michael Vickers (5th Cir. July 2020)

The Fifth Circuit reversed the district court that vacated a defendant’s sentence under the ACCA and Career Offender enhancement, holding that the defendant’s prior state murder conviction under Texas law qualified as a violent felony under the ACCA despite the prior statute not distinguishing between direct and indirect force.

United States v. Najee Oliver (11th Cir. June 2020)

The Court affirmed the defendant’s enhanced sentence under the ACCA, holding that his prior conviction for terroristic threats under Georgia law constituted a prior violent felony. The statute listed several types of offenses constituting terroristic threats and was therefore divisible, and the defendant’s conviction for threatening to commit an act of violence qualified as a predicate violent felony under the ACCA.

Gregory Welch v. United States (11th Cir. May 2020)

The Court affirmed the defendant’s sentence under the Armed Career Criminal Act, holding that his prior Florida convictions for strong-arm robbery and felony battery were “violent felonies” under the ACCA’s elements clause.

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