United States v. McCarthy

These two consolidated appeals by John Michael McCarthy (“McCarthy”) raise only one issue that warrants discussion. 1 McCarthy was convicted of possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1), and the sentence now on appeal includes a fifteen-year mandatory minimum sentence pursuant to 18 U.S.C. § 924(e)(1). McCarthy objects to the application in his case of the fifteen-year mandatory minimum.

18 U.S.C. § 924(e)(1) provides:

In the case of a person who violates section 922(g) of this title and has three previous convictions by any court referred to in section…