Mario Smith v. United States

LOKEN, Circuit Judge.

In 2013, a jury convicted Mario Ronrico Smith of possession with intent to distribute cocaine ("Count 1"), using and carrying a firearm during a drug trafficking crime ("Count 2"), and felon in possession of a firearm ("Count 3"). At sentencing, the district court 1 overruled Smith's objection that two prior convictions for fleeing an officer in a vehicle were not violent felonies and crimes of violence under the "residual clauses" of the Armed Career Criminal Act ("ACCA") and the career offender advisory guidelines. Therefore, the court sentenced Smith as an armed career…