United States v. Longoria

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The Eleventh Circuit affirmed defendant's conviction of possession of a firearm by a convicted felon and his sentence of fifteen years in prison under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(1). The court held that the district court did not err in determining that defendant's two convictions for distribution of cocaine and one conviction for participation in a conspiracy with intent to distribute cocaine qualified as predicate offenses for a sentence enhancement under the ACCA. The court also held that defendant's three remaining arguments —that the district court erred in looking at the dates of his prior convictions because they were "non-elemental facts," that his sentence enhancement violates his Fifth and Sixth Amendment rights, and that his statute of conviction was unconstitutional—were directly foreclosed by Eleventh Circuit and Supreme Court precedent. View "United States v. Longoria" on Justia Law