Jeffrey Kirkland v. United States

CASTILLO, District Judge.

Jeffrey Kirkland was convicted of unlawful possession of a firearm by a felon, and based on a finding that he had five “violent felony” convictions, including two drunk driving offenses, the district court sentenced him as an armed career criminal pursuant to the Armed Career Criminal Act, 18 U.S.C. § 924(e) (“ACCA”). After the Supreme Court determined that drunk driving is not a “violent felony” as the term is defined in the ACCA, Begay v. United States, 553 U.S. 137, 128 S.Ct. 1581, 170 L.Ed.2d 490 (2008), Kirkland filed a petition for relief under 28 U.S.C. § 2255.…