United States Supreme Court

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US v. Rodriquez, 06-1646

A sentence for possession of a firearm by a convicted felon is reversed where, for purposes of the Armed Career Criminal Act (ACCA), the "maximum term of imprisonment . . . prescribed by law" for the state drug convictions at issue was a 10-year maximum set by the applicable state recidivist provision. The Ninth Circuit erred in holding that "the maximum term of imprisonment ... prescribed by law" must be determined without taking recidivist enhancements into account.

Appellate Information

  • Decided 05/19/2008
  • Published 05/19/2008



  • United States Supreme Court