United States Second Circuit

The district court properly denied petitioner's motion pursuant to 28 U.S.C. section 2255 to vacate, set aside, or modify his sentence for possession of a firearm after having been convicted of a felony, where: 1) defendant's prior drug conviction counts as a predicate "serious drug offense" under the Armed Career Criminal Act of 1984 (ACCA) because predicate drug-related felonies are determined by reference to the maximum term of imprisonment applicable to a defendant's previous drug offense at the time of the defendant's state conviction for that offense; and 2) coupled with the pair of violent felonies (robbery and attempted assault), defendant's criminal record included three ACCA predicate felonies.

Appellate Information

• Decided 05/24/2013
• Published 05/24/2013

Judges

• CHIN

Court

• United States Second Circuit

Counsel