USA v. Eugene Jackson, No. 21-13963 (11th Cir. 2022)
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In Defendant’s presentence investigation report (“PSI”), the probation officer determined that Jackson’s prior criminal history qualified him for an Armed Career Criminal Act (“ACCA”) sentencing enhancement. ACCA applies to a conviction under 18 U.S.C. Section 922(g) for firearm possession by a prohibited person if the defendant has three qualifying convictions for “a violent felony or a serious drug offense, or both, committed on occasions different from one another.” 18 U.S.C. Section 924(e)(1). Based on that conclusion, it sentenced Defendant to ACCA’s mandated fifteen-year minimum.
The Eleventh Circuit vacated Defendant’s sentence. The court held that due-process fair-notice considerations require the court to apply the Controlled Substance Act Schedules in place when Defendant committed the offense for which he is being sentenced. At the times of Defendant’s cocaine-related prior offenses for which he sustained convictions under Fla. Stat. Section 893.13, the cocaine-related activity Section 893.13 criminalized categorically included activity involving ioflupane. Further, At the times of Defendant's prior cocaine-related state convictions, Fla. Stat. Section 893.13(a)(1)’s controlled-substance element was broader for cocaine-related offenses than ACCA’s “serious drug offense” definition, so Defendant’s 1998 and 2004 cocaine-related convictions do not qualify as “serious drug offense[s].” The two Smith cases, Shular, and McNeill do not require the conclusion that Defendant’s prior cocaine-related convictions qualify as “serious drug offense[s].” Thus, because Defendant’s cocaine-related Section 893.13 offenses do not qualify as “serious drug offenses” under ACCA, the court vacated his sentence and remanded to the district court for sentencing without the ACCA enhancement.
The court issued a subsequent related opinion or order on December 13, 2022.
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