United States Second Circuit

Sentence of fifteen years for being a felon in possession of a firearm is affirmed where: 1) because the maximum penalty for the offense to which defendant pleaded guilty was ten years or more under state statute, defendant's state felony narcotics conviction qualified as a "serious drug offense" under the Armed Career Criminal Act (ACCA); and 2) defendant's allegation that he was deprived of counsel at his plea hearing did not state a claim for error of Gideon v. Wainwright magnitude.

Appellate Information

• Decided 11/13/2008
• Published 11/13/2008

Judges

Court

• United States Second Circuit

Counsel