United States v. Hudson, No. 07-4948 (4th Cir. 2012)Annotate this Case
Defendant was convicted of possessing a firearm in violation of 18 U.S.C. 922(g)(1). At issue was whether defendant's sentence was properly enhanced under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), on the basis of three previous felony convictions when two of the convictions were for violation of Florida's "fleeing-or-eluding" statute, Fla. Stat. 3106.1935(2). Applying Sykes v. United States, the court held that the two convictions at issue qualified as predicate offenses under the residual clause in the ACCA and affirmed the judgment. The court also rejected defendant's contention that the ACCA's "residual clause" was unconstitutionally vague.