United States v. Franklin, No. 17-30011 (9th Cir. 2018)Annotate this Case
Washington's accomplice liability statute renders its drug trafficking law broader than generic federal drug trafficking laws under the Armed Career Criminal Act, and thus Washington's drug trafficking law is not categorically a "serious drug offense" under the Act. The Ninth Circuit vacated defendant's sentence for being a felon in possession of a firearm and remanded for resentencing. The panel held that defendant's three convictions under Washington law could not constitute "serious drug offenses," and therefore he was not subject to the Act's fifteen year mandatory minimum sentence.