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Home / Courts / 4th Circuit / Criminal Practice – Sentencing – ACCA – Plea Colloquy (access required)

Criminal Practice – Sentencing – ACCA – Plea Colloquy (access required)

U.S. v. Taylor Although a defendant says he did not personally affirm a prosecutor’s account of defendant’s encounter with police officers when he pleaded guilty to an earlier assault charge, the district court, in sentencing defendant on a later firearm charge, can find the assault was a “violent felony” and sentence defendant to a mandatory minimum 15-year sentence under the ACCA on the firearm offense, the 4th Circuit says; also, the 4th Circuit joins its sister circuits to hold a second defendant’s sentence can be enhanced for possession of a stolen gun, even though defendant claims he did not know the gun was stolen.

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