United States v. Mulkern, No. 16-1146 (1st Cir. 2017)Annotate this Case
The Armed Career Criminal Act (ACCA) requires mandatory sentences for recidivist criminals with three or more convictions for crimes committed on different occasions that qualify as predicate offenses. Defendant pled guilty to possessing ammunition as a felon. In addition to two ACCA-qualifying Maine burglary convictions, Defendant had on his record a 2001 Maine robbery conviction and a 2004 Maine drug-trafficking conviction. The district judge applied an ACCA enhancement and sentenced Defendant to the statutory minimum of fifteen years in jail. The First Circuit vacated Defendant’s sentence and remanded for resentencing, holding that neither Defendant’s robbery conviction nor his drug-trafficking conviction qualified as an ACCA predicate. Remanded for resentencing without the ACCA enhancement.
The court issued a subsequent related opinion or order on April 19, 2017.