SCOTUS Asked to Review Whether the Convictions Relied Upon by the Government to Support Its Conviction Under the ACCA are Unconstitutional
For Immediate Release: September 11, 2015
Washington, D.C. – Defendant was convicted in March 2013 for possession of a firearm by a felon and under the Armed Career Criminal Act (“ACCA”), in violation of 18 U.S.C. §§ 922(g) and 924(e)(1). Defendant challenges the convictions that the government relied upon in support of the enhancement under the ACCA because those convictions do not constitute a “violent felony” for purposes of the ACCA and this matter must be remanded for resentencing.
At the sentencing hearing, Defendant, appearing pro se, objected to the Presentence Investigation Report ("PSR") on several grounds. He, first, stated that two of his convictions did not qualify for the ACCA enhancement. Defendant, also, argued that his mandatory minimum sentence violated Alleyne v. United States, 133 S. Ct. 2151 (2013), because his three prior felony convictions were not submitted to the jury. The district court rejected all arguments and sentenced him to the fifteen-year mandatory minimum, followed by a five-year term of supervised release.
WHAT: Petition for a Writ of Certiorari in Shields v. United States (Docket No. 15-6066) seeking review of the Seventh Circuit’s opinion reported at United States v. Shields, 789 F.3d 733 (7th Cir. 2015).
WHO: Craig M. Sandberg represents the defendant pursuant to the Criminal Justice Act (“CJA”), Title 18, United States Code, §3006A the Criminal Justice Act (“CJA”), having been appointed by the U.S. Court of Appeals for the Seventh Circuit
WHERE: Supreme Court of the United States, 1 First Street, NE, Washington, D.C.