United States v. Rodriguez, No. 10-1891 (1st Cir. 2011)
Annotate this CasePolice arrested defendant while executing a search warrant at his apartment. They recovered five firearms, 398 rounds of ammunition, firearms-related items (rifle scope, rifle case, and holsters), 29.4 grams of marijuana, 243.49 grams of cocaine, knotted plastic baggies, and $6,556 cash. He pled guilty as a felon in possession of a firearm, 18 U.S.C. 922(g)(1) and was sentenced to 180 months' imprisonment plus five years of supervised release, the minimum permissible under the Armed Career Criminal Act, 18 U.S.C. 924(e). The First Circuit affirmed. Sentencing under the ACCA requires that defendant has been convicted of at least three prior violent felonies, serious drug offenses, or a combination thereof, 18 U.S.C. 924(e)(1). Defendant's larceny from the person conviction was a violent felony providing the third required predicate offense for ACCA sentencing. The principal distinguishing characteristic of robbery under Massachusetts law is force.
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