Legal Opinion
United States v. Carey
District Court, D. Maine
Decided June 8, 2010No. CR-08-157-B-W-02PublishedCited by 1 opinion
1Opinion of the Court
ORDER ADDRESSING DEFENDANT’S SENTENCING MEMORANDUM
JOHN A. WOODCOCK, JR., Chief Judge.
Levar Carey contends that guilty-filed dispositions in Massachusetts state court do not count as convictions for purposes of the Armed Career Criminal Act (ACCA). Based on the Massachusetts Supreme Judicial Court’s comment in Commonwealth v. Simmons 1 that “[i]t is well established that a judgment of conviction does not enter unless sentence is imposed,” the Court agrees.
I. STATEMENT OF FACTS
On May 6, 2009, after a two-day jury trial, Levar Carey was convicted of being a felon in possession of a firearm in…
2Cases cited26 opinions
- Commonwealth v. DelgadoMassachusetts Supreme Judicial Court · 1975
- Commonwealth v. LockwoodMassachusetts Supreme Judicial Court · 1872
- United States v. TavaresCourt of Appeals for the First Circuit · 1994
- Natural Gas Pipeline Co. v. Panoma Corp.Supreme Court of the United States · 1955
- Commonwealth v. BiancoMassachusetts Supreme Judicial Court · 1983
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3Cited by1 opinion
- United States v. CuretCourt of Appeals for the First Circuit · 2012