Tampa Criminal Lawyer Blog
Pursuant to the Armed Career Criminal Act, people convicted of serious drug offenses may face enhanced penalties if they are later convicted of another crime. There is often a dispute over what constitutes a serious offense, however. Recently, the United States Supreme Court clarified the Armed Career Criminal Act, ultimately adopting a backward-looking approach. If you are accused of a crime and have a history of drug crime convictions, it is advisable to speak to a Tampa drug crime defense attorney about your potential defenses at your earliest convenience.
Facts and Procedure of the Case
It is reported that in 2016, police officers conducted a warrant-authorized search of the defendant’s home, where they found cocaine, scales, and a loaded firearm. Subsequently, the Middle District of Pennsylvania accepted the defendant’s guilty plea to one count of drug distribution and one count of being a felon in possession of a firearm in July 2019. The Probation Office recommended sentencing the defendant under the Armed Career Criminal Act (ACCA) due to his five prior convictions: four for possession of marijuana with intent to deliver and one for delivering cocaine.
Allegedly, the defendant objected, averring that the marijuana offenses did not meet the federal definition because the Agricultural Improvement Act of 2018 excludes hemp from the federal definition of marijuana. The defendant’s objection raised the issue of whether the definition of a “serious drug offense” under the ACCA should include federal drug schedules in effect at the time of the federal firearm offense or at the time of the prior state drug offense, which ultimately went before the Supreme Court.
Serious Drug Offenses Under the Armed Career Criminal Act
The court consolidated the subject action with another case to address the questions regarding the ACCA’s definition of a “serious drug offense” and the appropriate version of federal law a sentencing court should consult under the ACCA’s categorical approach. Ultimately, the Court affirmed the judgment of the United States Court of Appeals for the Third Circuit, holding that a state drug conviction counts as predicate offense under ACCA if it involved a drug listed on the federal schedules at the time of the state offense.
In doing so, the court stated that precedent and statutory context support the Government’s interpretation. The ACCA is intended to assess a defendant’s culpability and dangerousness based on their criminal history. Previous cases have required sentencing courts to examine the law as it was when the defendant violated it, supporting a “backward-looking” approach.
As the Court noted, the plain language of the ACCA points to the conclusion that state offenses involving a controlled substance as defined at the time of the offense should be treated similarly to federal offenses under the Controlled Substances Act.
Further, the Court found that a later change in the federal drug schedule does not alter the status of a state offense as an ACCA predicate.
Talk to a Skilled Tampa Criminal Defense Lawyer
If you have prior drug crime convictions and are currently charged with a crime, it is important to understand your rights and what penalties you may face if you are convicted, and you should speak to an attorney. The skilled Tampa drug crime defense lawyers at Hanlon Law can assess your case and help you determine what defenses you may be able to set forth. You can reach out to Hanlon Law using our online form or by calling 813-228-7095 to set up a meeting.