United States v. Oliveira

SENTENCING MEMORANDUM

GERTNER, District Judge.

Anthony Oliveira (“Oliveira”) pled guilty to the crime of felon-in-possession of a firearm in violation of 18 U.S.C. § 922(g)(1). On July 18, 2006, Oliveira, who had a lengthy felony record, possessed an Imez .38-caliber pistol and ammunition. His sentencing raises a number of substantial issues.

First, his sentence will be determined not merely by the offense and his criminal record. It will be determined by one of the federal recidivist enhancement statutes, the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e)(1), which increases the ten…