Eleventh Circuit Court of Appeals Courthouse in Atlanta. Eleventh Circuit: 15-Year Mandatory Minimum Sentence Vacated Over 'Serious Drug Offense' Qualification Under ACCA
"We disagree," Brasher wrote. "We have held that an offense is a 'serious drug offense' under Section 924(e)(2)(A (ii) if it proscribes one of the kinds of conduct listed in that section, i.e., 'manufacturing' distributing, or possessing with intent to manufacture or distribute." United States v. Penn, 63 F.4th 1305, 1316 (11th Cir. 2023). But possessing a listed chemical with reasonable cause to believe it will be used to manufacture is not itself 'manufacturing.' Likewise, this offense does not 'involv[e] manufacturing' as we have previously defined that term."
August 02, 2023 at 03:48 PM
5 minute read
The U.S. Court of Appeals for the Eleventh Circuit panel vacated a defendant's sentence and remanded it for resentencing, finding that Florida law for possession of a listed chemical that may be used to unlawfully manufacture a controlled substance is not deemed a "serious drug offense," under the Armed Career Criminal Act.
Appellate Judge Andrew L. Brasher clarified the definition of a "serious drug offense" under the Armed Career Criminal Act (ACCA) in a written opinion issued July 28.
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