United States v. Whindleton, No. 14-1932 (1st Cir. 2015)
Annotate this CaseAfter a jury trial, Defendant was found guilty of possession of a firearm by a convicted felon in violation of 18 U.S.C. 922(g)(1). Under the Armed Career Criminal Act (ACCA), Defendant faced a mandatory minimum sentence of fifteen years if he had three previous convictions for a “violent felony” or a “serious drug offense.” The district court concluded that Defendant had three prior convictions qualifying as ACCA predicates and sentenced him to fifteen years’ imprisonment. Defendant appealed, arguing that two convictions identified by the district court did not qualify as ACCA predicate offenses. The First Circuit affirmed, holding (1) Defendant’s prior conviction for criminal sale of a controlled substance under N.Y. Penal Law 220.39(1) qualifies as a “serious drug offense” under the ACCA; and (2) Defendant’s prior conviction for assault with a dangerous weapon under Mass. Gen. Laws ch. 265, 15B(b) qualifies as a “violent felony.”
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