United States v. Starks, No. 15-2365 (1st Cir. 2017)Annotate this Case
The First Circuit affirmed Defendant’s conviction for possessing a firearm entered after a second jury trial but vacated his sentence, holding that the district court erred in determining that Defendant was subject to a 180-month mandatory minimum sentence under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e). The court held (1) the trial judge did not improperly comment on the credibility of two witnesses at trial; and (2) the district court erred in finding that Defendant had at least three previous convictions by any court for a violent felony under the ACCA, and therefore, the district court improperly ruled that the ACCA’s 180-month mandatory minimum sentence applied.