United States v. Kearney, No. 10-1532 (6th Cir. 2012)
Annotate this CaseDefendant pleaded guilty to possession with intent to distribute crack cocaine, 21 U.S.C. 841(a)(1), and being a felon in possession of a firearm, 18 U.S.C. 922(g)(1). He was sentenced to the statutory of minimum of 180 months on the firearms offense, to be served concurrently with a sentence of one day for the narcotics offense. The court applied the Armed Career Criminal Act, 18 U.S.C.924(e), concluding that two prior convictions for domestic violence qualified as "violent felonies," because, although the offense is a misdemeanor under Michigan law, he had faced a two-year maximum sentence on each under the state recidivism provision. The Sixth Circuit affirmed. A sentencing court should reference underlying enhancements when evaluating whether a predicate offense meets ACCA’s violent felony definition.
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