Clearwater Criminal Lawyer Blog
Federal firearm prosecutions often involve more than determining whether a defendant unlawfully possessed a weapon. In many cases, the outcome also depends on a defendant’s criminal history and on whether prior convictions satisfy the Armed Career Criminal Act, which can significantly increase the mandatory minimum sentence. . In a recent Florida ruling, the court examined whether a defendant was entitled to relief after the Supreme Court issued a new ruling on the use of prior convictions to enhance a sentence. If you are facing federal firearm charges or any offense carrying enhanced sentencing consequences, speaking with an experienced Clearwater federal criminal defense attorney as early as possible can help protect your rights and your future.
Case Setting
Allegedly, the defendant was indicted in federal court for possessing a firearm after having previously been convicted of a felony. Because the government believed he had at least three qualifying prior convictions under the Armed Career Criminal Act, the prosecution sought the statute’s enhanced sentencing provisions. During the change-of-plea hearing, the defendant was advised that the enhancement would subject him to a mandatory minimum sentence of 15 years’ imprisonment. After acknowledging that potential penalty, he entered a guilty plea.
Reportedly, before sentencing, the probation office prepared a presentence investigation report identifying four prior convictions that it concluded qualified under the Armed Career Criminal Act. These included two Florida cocaine sale convictions from 1991, a Florida aggravated assault conviction from 1996, and a Florida conviction for possession with intent to sell or deliver a controlled substance from 1998. The defendant objected, arguing that the government had not adequately established that the two 1991 drug offenses occurred on separate occasions.