United States v. Kearney

MERRITT, J. (pp. 578-79), delivered a separate dissenting opinion.

OPINION

CLAY, Circuit Judge.

Defendant James M. Kearney pleaded guilty to one count of possession with intent to distribute crack cocaine, in violation of 21 U.S.C. § 841(a)(1), and one count of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). On appeal, Kearney challenges the district court’s decision to enhance his sentence pursuant to the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e). For the reasons set forth below, we AFFIRM.

BACKGROUND

A federal grand jury indicted Kearney on one count…