U.S. v. Moody

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
Nos. 13-3875 & 13-3920 Cons.
Decision Date: 
October 21, 2014
Federal District: 
E.D. Wisc.
Holding: 
Vacated and remanded
Dist. Ct. erred in sentencing defendant to 12-year term of incarceration on charge of unlawful possession of firearm, where record showed that defendant qualified for 15-year statutory mandatory minimum sentence under Armed Career Criminal Act (ACCA). Dist. Ct. lacked authority to impose sentence lower than 15 years that was mandated by ACCA, and Dist. Ct. could not ignore one of defendant’s three prior qualifying convictions for ACCA treatment, in order to impose sentence that was lower than instant statutory minimum.