United States Fourth Circuit

District court's application of the mandatory minimum fifteen-year term of imprisonment pursuant to the Armed Career Criminal Act, 18 U.S.C. section 924(e) (ACCA), is reversed and remanded for resentencing where the Government has failed to prove by a preponderance of the evidence that defendant's prior felonies were separate and distinct criminal episodes for purposes of the ACCA.

Appellate Information

• Decided 06/08/2015
• Published 06/08/2015

Judges

• Davis

Court

• United States Fourth Circuit

Counsel