U.S. v. Stevenson

Dist. Ct. did not err in sentencing defendant to 180-month term of incarceration, on felon in unlawful possession of firearm charge, based, in part, on finding that defendant qualified as armed career criminal under Armed Career Criminal Act (ACCA), based on two prior 1989 Illinois convictions for attempted under and manufacture and delivery of cocaine, as well as 2010 Illinois conviction for robbery. While defendant argued that his 1989 convictions did not qualify as ACCA predicate convictions because he had received letter restoring his civil right to bear arms in 1996 from Ill. Dept. of Corrections that pertained to at least one of his 1989 convictions, Dist. Ct. could properly find that restoration letter was linked to different 1994 conviction. Moreover, prison records indicated that defendant was discharged from his 1989 offenses in 1995 and not in 1996 when restoration letter was issued. As such, defendant failed to show by preponderance of evidence that 1996 restoration letter applied to either 1989 conviction, and that defendant therefore had requisite qualifying convictions for instant enhanced sentencing treatment under ACCA.