United States v. Dunlap

OPINION & ORDER

AIKEN, District Judge

This matter comes before the court for determination of whether Defendant Carl Gene Dunlap should be sentenced subject to the mandatory minimum sentence required by the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e).

LEGAL STANDARD

I. ACCA

18 U.S.C. § 922(g) prohibits any person who has been convicted of a crime punishable by imprisonment for a term exceeding one year to possess or receive “any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.” 18 U.S.C. § 922(g). If a person violates 18 U.S.C. § 922(g) and…