United States v. Meux

The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to being a felon in possession of a firearm. The court held that defendant's three prior felony convictions under Arkansas Code 5-64-401 qualified as serious drug offenses under the Armed Career Criminal Act (ACCA). Although the government conceded that the version of the Arkansas statute in effect at the time of defendant's convictions was overbroad, the statute was divisible where defendant was convicted under subsection (a), which criminalizes manufacturing, delivering, or possessing with intent to deliver controlled substances. Therefore, the district court did not commit error, plain or otherwise, in sentencing defendant under the ACCA. View "United States v. Meux" on Justia Law