ACCA: The 15-Year Mandatory Minimum
The Armed Career Criminal Act at 18 U.S.C. § 924(e) transforms a §922(g) felon-in-possession conviction from a 10-year statutory maximum into a 15-year mandatory minimum — with up to life imprisonment. ACCA applies when a §922(g) defendant has three prior qualifying convictions for “violent felonies” or “serious drug offenses” committed on occasions different from one another. Whether your case is in Louisville, Lexington, or anywhere in Kentucky, Clark + Harris has the federal experience to fight ACCA designations.
ACCA Qualifying Predicates
Under 18 U.S.C. § 924(e)(2), a “violent felony” means any crime punishable by imprisonment for more than one year that: (1) has as an element the use, attempted use, or threatened use of physical force against the person of another; or (2) is burglary, arson, extortion, or involves the use of explosives; or (3) [the residual clause was invalidated in Johnson v. United States, 2015].
A “serious drug offense” means a federal drug offense punishable by 10 years or more, or a state drug offense involving manufacturing, distributing, or possessing with intent to distribute — punishable by 10 years or more under state law.
Categorical Approach Defenses
Courts determine whether prior convictions qualify as ACCA predicates using the “categorical approach” established in Taylor v. United States and refined through Mathis v. United States, Shular v. United States, and other cases. The categorical approach compares the statutory elements of the prior offense to the generic federal definition — not the actual conduct. This creates significant defense opportunities, because many state statutes are broader than the generic federal definitions they must match.
The “Different Occasions” Requirement
ACCA requires that the three prior convictions were committed “on occasions different from one another.” The Supreme Court’s decision in Wooden v. United States clarified that this analysis requires a multi-factor inquiry and that multiple offenses committed in a single night may not qualify as separate occasions. Erlinger v. United States further required that a jury — not a judge — must find the “different occasions” element beyond a reasonable doubt.
ACCA Defense Strategy
Effective ACCA defense includes careful analysis of every prior conviction to determine whether it qualifies as a predicate, Erlinger challenges requiring jury findings on the different-occasions element, challenges to the modified categorical approach when relevant, and Second Amendment challenges to the underlying §922(g) offense and the ACCA enhancement itself.
Collateral Post-Conviction ACCA Relief
Defendants previously sentenced under ACCA may be eligible for resentencing if Supreme Court decisions have invalidated predicates used against them. Johnson v. United States, Wooden, and Borden have all generated ACCA resentencing motions. Clark + Harris handles both original ACCA defense and post-conviction ACCA challenges.
Contact Clark + Harris for ACCA Defense
ACCA charges carry 15 years at minimum. Clark + Harris has the federal experience to challenge ACCA designations.
Call 859-474-0001 today for a confidential consultation.
Related Resources
If this information applied to your situation, the following Clark + Harris guides may also be helpful:
- Federal Production of Child Pornography Charges (18 U.S.C. § 2251)
- Federal Money Laundering Defense (18 U.S.C. § 1956)
- Federal Structuring Charges (31 U.S.C. § 5324)
- Federal Illegal Reentry Charges (8 U.S.C. § 1326)
- Federal Public Corruption and Bribery Defense
Legal Resources
Kentucky firearms laws are found in KRS Chapter 527. Federal firearms statutes are codified in 18 U.S.C. Chapter 44. For ATF regulations, visit the Bureau of Alcohol, Tobacco, Firearms and Explosives. Contact Clark + Harris PLLC at (859) 474-0001 for defense against firearms charges.