United States v. Trent, No. 12-6283 (10th Cir. 2014)Annotate this Case
Defendant Richard Trent appeals his conviction and sentence for being a felon in possession of a firearm. He raises five issues, on of which raised a question of whether the Tenth Circuit could apply what is called the “modified categorical approach” to determine whether his prior felony is a “serious drug offense” under the Armed Career Criminal Act (ACCA). On the ACCA issue the Tenth Circuit held that the general Oklahoma conspiracy statute was divisible and therefore subject to the modified categorical approach, and that Defendant’s prior violation of that statute was a serious drug offense because the object of the conspiracy was manufacturing methamphetamine.