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United States v. Rodriquez

Docket No.: 06-1646
Certiorari Granted: Sep 25 2007
Argued: January 15, 2008
Decided: May 19, 2008

Topic:

18 U.S.C. 924

PartyNames: United States v. Gino Gonzaga Rodriquez
Petitioner: United States
Respondent: Gino Gonzaga Rodriquez

Court Below: United States Court of Appeals for the Ninth Circuit

United States
v.
Gino Gonzaga Rodriquez
553 U.S. 377 (2008)
Background:

The Armed Career Criminal Act of 1984, 18 U.S.C. 924(e) (2000 & Supp. IV 2004), provides for an enhanced sentence for felons convicted of possession of a firearm, if the defendant has three prior convictions for, inter alia, a state-law controlled substance offense "for which a maximum term of imprisonment of ten years or more is prescribed by law." 18 U.S.C. 924(e)(2)(A)(i).

Question Presented:

The question presented is: Whether a state drug-trafficking offense, for which state law authorized a ten-year sentence because the defendant was a recidivist, qualifies as a predicate offense under the Armed Career Criminal Act, 18 U.S.C. 924(e) (2000 & Supp. IV 2004).

Question:

Does a crime qualify as “serious” for purposes of the federal career criminal law when the underlying offense is not considered grave, but carries a high prison sentence because it was not the first?

Note:

EXPEDITED BRIEFING SCHEDULE

Holding: judgment reversed and remanded
Decision: Decision: 6 votes for United States, 3 vote(s) against
Vote: 6-3
Opinion By:
Read UNITED STATES V. RODRIQUEZ opinion (PDF)
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