United States v. Titties, No. 15-6236 (10th Cir. 2017)
Annotate this CaseDefendant-appellant Damion Tittle pled guilty to being a felon in possession of firearms. This crime carried a maximum sentence of 10 years, but the Government argued defendant's sentence should have been enhanced under the Armed Career Criminal Act (“ACCA”). The enhancement would apply for mandatory minimum term of 15 years when a defendant had “three previous convictions . . . for a violent felony or a serious drug offense, or both.” The district court concluded defendant had three qualifying offenses and sentenced him to a prison term of 188 months, more than 15 years. On appeal, defendant argued he was not subject to an ACCA-enhanced sentence because one of his three prior convictions was not a qualifying offense. After review, the Tenth Circuit agreed, vacated his sentence and remanded for resentencing.
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