Title:

United States v. Gino Gonzaga Rodriquez

Subject:

The Armed Career Criminal Act, Recidivist Laws, Sentencing

Question:

The Armed Career Criminal Act of 1984, 18 U.S.C. section 924(e) (2000 & Supp. IV 2004), provides for an enhanced sentence for felons convicted of possession of a firearm, if the defendant has three prior convictions for, inter alia, a state-law controlled substance offense "for which a maximum term of imprisonment of ten years or more is prescribed by law." 18 U.S.C. section 924(e)(2)(A)(i). The question presented is:

• Whether a state drug-trafficking offense, for which state law authorized a ten-year sentence because the defendant was a recidivist, qualifies as a predicate offense under the Armed Career Criminal Act, 18 U.S.C. section 924(e) (2000 & Supp. IV 2004).

Decisions:

• U.S. Court of Appeals - 9th Circuit Opinion Filed: October 5, 2006
• United States Supreme Court, Cert. Granted: September 25, 2007

Resources:

• Docket Sheet From the U.S. Supreme Court.
• Northwestern University - Medill School of Journalism: On the Docket