McNeill v. United States
Issues
Whether a court determining the “seriousness” of a defendant’s prior drug offense under the Armed Career Criminal Act should look to the maximum possible sentence for that offense at the time of the defendant’s prior conviction or at the time of the individual’s current federal sentencing.
In 2009, Petitioner Clifton Terelle McNeill was convicted and sentenced for the possession with intent to distribute a quantity of cocaine and for the possession of a firearm in furtherance of a drug trafficking crime. The district court determined that McNeill qualified for a sentencing enhancement under the Armed Career Criminal Act ("ACCA") because of his two prior convictions for common law robbery and felony assault, as well as six convictions for selling cocaine and possession of cocaine. The ACCA applies to “serious drug offenses,” which are defined as crimes that carry a maximum imprisonment term of at least ten years. McNeill argues that the ACCA did not apply because, although his drug offenses did carry a maximum of at least ten years when they were committed, North Carolina had since lowered its drug sentences by the time of his current sentencing. Conversely, the United States insists that because North Carolina decided not to make its drug sentencing change retroactive, the ACCA does in fact apply to McNeill.
Questions as Framed for the Court by the Parties
Whether the plain meaning of "is prescribed by law" which ACCA uses to define a predicate "serious drug offense" requires a federal sentencing court to look to the maximum penalty prescribed by current state law for a drug offense at the time of the instant federal offense, regardless of whether the state has made that current sentencing law retroactive.
The Armed Career Criminal Act (“ACCA”) imposes a mandatory minimum prison sentence of fifteen years to any criminal defendant convicted of a crime with a prison sentence exceeding one year who has had three prior convictions for a violent felony or “serious drug offense.” See United States v. McNeill, 598 F.3d 161, 163 (4th Cir.
Edited by
Additional Resources
· The Drug Policy Alliance: Mandatory Minimum Sentences
· Congressional Research Service, Charles Doyle: Armed Career Criminal Act: An Overview (Oct. 13, 2010)
· North Carolina Bar Association, Carl Horn III The Changing Landscape Governing Armed Career Criminal Sentences (June 8, 2010)