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Tag Archives: ACCA

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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Criminal Practice – Sentencing – ACCA – Indecent Liberties — Vacated (access required)

U.S. v. Vann The en banc 4th Circuit vacates a 15-year sentence under the Armed Career Criminal Act, imposed on a defendant who pleaded guilty to handgun possession, as the per curiam majority finds it cannot determine from state court charging documents that defendant was convicted under subsection (a)(2) of North Carolina’s Indecent Liberties Statute.

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