What Is the Armed Career Criminal Act?
Federal law has long barred convicted felons from owning or possessing firearms. Indeed, a person with a prior felony conviction can be charged with a new-and-separate felony if they are found possessing a handgun or other firearm. And in some cases, such possession may trigger the Armed Career Criminal Act (ACCA).
What Are “Violent Felonies” and “Serious Drug Offenses”?
The ACCA is a federal law that imposes a mandatory 15-year prison sentence for illegal possession of a firearm by someone who has at least three prior convictions for “violent felonies” or “serious drug offenses.” The prior conviction, known as “predicate offenses,” can take place in either state or federal court. In fact, even though the ACCA cases are tried in federal court, most predicate offenses actually involve state-level cases.
To be clear, not every felony or drug conviction qualifies as a predicate offense. With respect to “violent felonies,” a predicate offense under the ACCA usually falls into one of three categories:
- crimes involving the use, or threatened use, of physical force against another person;
- crimes involving burglary, arson, extortion, or the use of explosives;
- crimes that are similar to the specific offenses listed above (burglary, arson, et al.) and that are marked by purposeful, violent, and aggressive conduct.
As for serious drug offenses, the ACCA defines those as any violation of state or federal drug laws that are punishable by a prison term of 10 years or more. This includes any crime related to the manufacture, distribution, or possession with intent to distribute a controlled substance. It does not include any misdemeanor drug crimes, such as simple possession, or any felony where the maximum possible prison sentence is less than 10 years.
The Right to a Jury Trial
Once a defendant has three felony convictions for qualifying predicate offenses, a subsequent conviction for possession of a firearm by a felon triggers the ACCA’s 15-year mandatory sentence. This assumes, however, that the government can prove the defendant has three prior convictions. More to the point, it requires proof that the three predicate offenses all occurred on separate occasions and were not part of a single criminal “episode.”
The Supreme Court has long held that a defendant’s right to a jury trial includes having jurors decide if the government has proved the existence of the three predicate offense convictions “beyond a reasonable doubt.” Just recently, the United States Court of Appeals for the 11th Circuit ordered a new sentencing hearing in an ACCA case because the trial court failed to respect the defendant’s right to a jury trial on this issue. In this case, United States v. McCobb, the defendant pleaded guilty to being a felon in possession of a firearm. He did not admit to committing three prior convictions for serious drug offenses that occurred on different occasions.
Nevertheless, the trial judge proceeded to find the defendant met the ACCA requirements and imposed a 15-year prison sentence. On appeal, the government conceded the trial court acted prematurely. The 11th Circuit agreed that “summary reversal” of the defendant’s sentence was required, as a jury had to decide if the government could prove its case.
Contact AsiliA Law Firm Today
If you are facing any sort of weapons charge, you need to take the matter seriously. A conviction could land you in prison for years, if not decades. So if you need to speak with a qualified Miami gun crime attorney, call AsiliA Law Firm today at 786-420-3014 or contact us online to schedule an initial consultation.
Source:
scholar.google.com/scholar_case?case=4465325912070778838
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