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Date: 12-13-2022
Case Style:
United States of America v. Eugene Jackson
Case Number: 21-13963
Judge: Rosenbaum
Court: United States Court of Appeals for the Eleventh Circuit on appeal from the Southern District of Florida (Dade County)
Plaintiff's Attorney: United States Attorney's Office
Defendant's Attorney:
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Description: Miami, Florida criminal defense lawyer represented Defendant charged with possession of a firearm and ammunition by a convicted felon.
Eugene Jackson, age 44, pled guilty to possession of a firearm and ammunition by a convicted felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e)(1). In support of his guilty plea, the factual proffer shows that he unlawfully possessed a loaded firearm on September 26, 2017.
In Jackson’s presentence investigation report, the probation officer concluded that Jackson qualified for a sentence enhancement under ACCA based on his prior criminal history. That is, the officer determined that, when Jackson possessed the firearm, he had at least three prior convictions for a “violent felony or a serious drug offense, or both, committed on occasions different from one another.” Id. § 924(e)(1). And under those circumstances, ACCA
mandates a fifteen-year minimum sentence for violation of the firearm prohibition in 18 U.S.C. § 922(g).
Although Jackson conceded that he had two prior convictions that satisfy ACCA’s definition of a “violent felony,”1 he objected to the probation officer’s conclusion that his two cocainerelated convictions met ACCA’s “serious drug offense” definition.
But the district court overruled Jackson’s objection, finding that his cocaine-related convictions did qualify. Based on that determination, the district court sentenced Jackson to ACCA’s mandatory fifteen-year minimum.
Jackson now appeals his sentence.
The Armed Career Criminal Act, 18 U.S.C. § 924(e), mandates a fifteen-year minimum sentence for a defendant who possesses a firearm and satisfies any of 18 U.S.C. § 922(g)(1)’s conditions while having at least three qualifying “previous convictions.”
“[P]revious convictions” qualify if they are for a “violent felony or
a serious drug offense, or both.” 18 U.S.C. § 924(e)(1).
Outcome: Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments: