United States v. Jones, No. 18-2489 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to unlawful possession of a firearm as a previously convicted felon. The court held that the district court did not err by determining that defendant's five convictions for selling cocaine base were serious drug convictions under the Armed Career Criminal Act (ACCA); an offer to sell in Missouri is categorically an offense involving distribution of a controlled substance under 18 U.S.C. 924(e)(2)(A)(ii); and defendant's contention that the district court impermissibly found that at least three of his Missouri offenses were committed on occasions different from one another was foreclosed by circuit precedents.
Court Description: Per Curiam - Before Colloton, Beam and Shepherd, Circuit Judges] Criminal case - Sentencing. The district court did not err in determining that defendant's five convictions for selling cocaine base were serious drug convictions for purposes of ACCA sentencing; an offer to sell in Missouri is categorically an offense involving distribution of a controlled substance under 18 U.S.C. Sec. 924(e)(2)(A)(ii); three of the convictions were properly characterized as separate offenses for ACCA purposes, rather than a single offense; defendant's argument that he is entitled to have this determination made by a jury is foreclosed by circuit precedents.
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