United States v. Herbert Mack

Defendant Herbert Mack challenges his conviction as a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1), as well as his fifteen-year sentence enhancement under 18 U.S.C. § 924(e) for three prior “violent felony” convictions. For the following reasons, we AFFIRM in part, and REVERSE in part.

I

In 1991, defendant, a convicted felon, was found in possession of a .9mm handgun by City of East Cleveland police detectives and Bureau of Alcohol, Tobacco, and Firearms (ATF) agents during a homicide investigation. Defendant was charged as a felon in possession under 18 U.S.C. §…