United States v. Webb

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS THE ARMED CAREER CRIMINAL ALLEGATION FROM COUNT I

Robert S. Lasnik, United States District Judge

I. INTRODUCTION

This matter comes before the Court on “Defendant’s Motion to Dismiss Count I” (Dkt.# 25) pursuant to Federal Rule of Criminal Procedure 12(b)(3)(B)(v). Defendant argues that the armed career criminal allegation in Count I of the indictment should be dismissed because his prior Washington State drug convictions are not serious drug offenses under 18 U.S.C. § 924(e) of the Armed Career Criminal Act (“ACCA”).

The Court has reviewed the parties’…