United States v. Hamilton, No. 17-5035 (10th Cir. 2018)
Annotate this CaseThis appeal stemmed from Raymond Hamilton’s sentencing for possession of a firearm after a felony conviction. Hamilton was sentenced to 190 months’ imprisonment under the Armed Career Criminal Act (ACCA) based in part on three Oklahoma convictions for second-degree burglary. Hamilton moved to vacate his sentence under 28 U.S.C. 2255, arguing that the district court had improperly applied a mandatory minimum based on the ACCA’s unconstitutional Residual Clause. The district court granted the motion and resentenced Hamilton to time served. The government appealed, but finding no reversible error, the Tenth Circuit affirmed.
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