United States Second Circuit

In this case involving application of the Armed Career Criminal Act (ACCA), which imposes a 15-year mandatory minimum sentence on violators who have three previous convictions for a violent felony or serious drug offense committed on "occasions different from one another", imposition of an ACCA triggered 15-year sentence on defendant is vacated and remanded for resentencing, where: 1) for purposes of determining whether crimes were committed on "occasions different from one another," a court is limited to examining only materials approved by the Supreme Court in Taylor v. United States and Shepard v. United States; and 2) a court may not rely on a Presentence Report (PSR) in applying the ACCA when the relevant facts described in the PSR were not derived from sources consistent with Taylor and Shepard.

Appellate Information

• Decided 11/14/2014
• Published 11/14/2014

Judges

• Cabranes

Court

• United States Second Circuit

Counsel