United States v. Rodriquez
Issues
The Armed Career Criminal Act of 1984 (ACCA) provides for an increased sentence, with a mandatory minimum of fifteen years, for felons convicted of firearm possession if the offender has three prior convictions for specified types of crimes. These crimes include state drug offenses punishable by a maximum prison term of ten years or more. This case considers whether a state drug offense still qualifies as an ACCA predicate offense if it is punishable by a maximum ten-year sentence only because of sentence increases based on the offender's status as a repeat offender.
The Armed Career Criminal Act of 1984 (ACCA), applies to felons convicted of firearms possession who have previously been convicted of three or more serious crimes, including state drug offenses with a maximum sentence of ten or more years. A federal district court sentenced Gino Rodriquez to 92 months' imprisonment after a jury found him guilty of possessing a firearm as a felon. The Government appealed, arguing the court should have applied the ACCA, which requires a minimum fifteen-year sentence. The ACCA does not tell federal judges how to determine what the maximum possible sentence for an underlying crime was under state law. The Government argues that when a crime is committed by a repeat offender, or "recidivist," at the time of their prior conviction, the court should include in the maximum any sentence enhancements imposed based on the offender's recidivism. Rodriquez argues the maximum sentence should be only the statutory maximum for the crime charged, excluding such enhancements. The sentence in question here is a 1995 drug conviction Rodriquez received under Washington State law. The Government said the conviction qualified as an ACCA predicate because in 1995 Rodriquez was a repeat offender and Washington law provided a ten-year peak sentence for such offenders. The district court ruled that Ninth Circuit and Supreme Court precedents required it to consider only the sentence for the underlying crime without additional penalties for recidivism. The Ninth Circuit affirmed. In this case, the United States Supreme Court will clarify how federal courts should treat recidivist sentence enhancements when determining the maximum sentence for a state drug conviction for ACCA purposes. This decision will add to the Court's rapidly developing interpretation of the ACCA.
Questions as Framed for the Court by the Parties
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). 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).
The following information is from the United States Court of Appeals for the Ninth Circuit's opinion in United States v. Rodriquez and the Joint Appendix, Petition for Certiorari to the United States Supreme Court, 2007 WL 3286637 (U.S.):
Additional Resources
- Bureau of Justice Statistics, Special Report, Recidivism of Prisoners Released in 1994*
- American Bar Association, Letter to U.S. House of Representatives Subcommittee on Crime, Terrorism and Homeland Security, Hearing on Mandatory Minimum Sentencing Laws *
- Project Safe Neighborhoods Bulletin, December 2004
- Justice Policy Institute Report, The Vortex: The Concentrated Racial Impact of Drug Imprisonment and the Characteristics of Punitive Counties, December 2007
- Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Respondent
- Brief for Amici Curiae Professors of Criminal Law in Support of Respondent
- The Sentencing Project, Changing Direction? State Sentencing Reform 2004-2006*
- Justice Anthony Kennedy, Speech at American Bar Association Annual Meeting, August 9, 2003*
* Also hyperlinked in text