New career offender standards retroactive 
Published: December 8, 2011
Tags: Armed Career Criminal Act, retroactive, sentencing
A defendant convicted of bank robbery in 2003 should have had his sentence reduced because his career offender status was illegal in light of subsequent U.S. Supreme Court decisions, the 7th Circuit has ruled in reversing judgment.
Defendant’s burglary convictions qualify as ‘violent’ felonies
Published: December 2, 2011
Tags: Armed Career Criminal Act, sentencing
A defendant’s convictions for breaking and entering under a state’s non-generic burglary statute qualified as violent felonies under the Armed Career Criminal Act, the 4th Circuit has ruled.
Indecent liberties convictions aren’t ‘violent felonies’
Published: October 14, 2011
Tags: Armed Career Criminal Act, sentencing
A defendant was not subject to the federal sentence enhancement for “violent felonies” based on three prior state convictions for taking indecent liberties with a child, the en banc 4th Circuit has ruled in reversing judgment.
Court: Fleeing police is violent felony under ACCA
Published: June 9, 2011
Tags: Armed Career Criminal Act, Criminal Law, sentencing, Supreme Court
The felony offense of fleeing police, as proscribed by Indiana law, is a violent felony for purposes of the Armed Career Criminal Act, the U.S. Supreme Court has ruled.
SENTENCING
Published: June 9, 2011
Tags: Armed Career Criminal Act, Criminal Law, sentencing, Supreme Court
The felony offense of fleeing police, as proscribed by Indiana law, is a violent felony for purposes of the Armed Career Criminal Act.
See “Justices: Fleeing police is a violent felony under ACCA.”
U.S. Supreme Court. Sykes v. U.S., No. 09-11311. June 9, 2011. Lawyers USA No.
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Defendant may be sentenced as career criminal
Published: June 8, 2011
Tags: Armed Career Criminal Act, sentencing
Form letters informing a defendant that his civil rights had been restored did not cover all his previous convictions for crimes of violence and did not preclude three of those convictions from qualifying as “violent” felonies, the 7th Circuit has ruled.
Supreme Court decides Armed Career Criminal Act case
Published: June 6, 2011
Tags: Armed Career Criminal Act, felony, sentencing, Supreme Court
In determining whether a “serious drug offense” triggers the Armed Career Criminal Act, courts must consider the a maximum prison term for the offense at the time the defendant was convicted, even if the sentence was later reduced, the U.S. Supreme Court has ruled.
Burglaries, escape constitute separate crimes
Published: May 3, 2011
Tags: Armed Career Criminal Act, sentencing
Even though a defendant committed two burglaries and escaped from police custody on the same day, his convictions count as three separate crimes triggering a 15-year mandatory minimum sentence under the Armed Career Criminal Act, the 11th Circuit has ruled.
Supreme Court hears Armed Career Criminal Act case
By:
Kimberly Atkins
Published: April 25, 2011
Tags: Armed Career Criminal Act, felony, sentencing, Supreme Court
WASHINGTON – The justices of the U.S. Supreme Court are pondering whether the Armed Career Criminal Act applies to a felon in possession of a firearm even after the penalty for one of the defendant’s triggering “serious drug offense” crimes has been reduced. And the answer, to quote former President Bill Clinton, “depends on what the meaning of the word ‘is’ is.”
Court considers if fleeing police is a violent crime
By:
Kimberly Atkins
Published: January 12, 2011
Tags: Armed Career Criminal Act, Criminal Law, sentencing, Supreme Court
WASHINGTON – The justices of the U.S. Supreme Court considered on Wednesday whether a prior conviction for fleeing from police qualifies a defendant for an enhanced sentence under federal law.
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