Legal Opinion

United States v. Gibbs

Court of Appeals for the Third Circuit

Decided August 29, 2011No. 10-4294PublishedCited by 28 opinions

1Opinion of the Court

OPINION OF THE COURT

FISHER, Circuit Judge.

The government brings this appeal challenging the District Court’s ruling that a prior conviction for wearing body armor while committing a felony in violation of 11 Del. C. § 1449(a) is not a predicate offense under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e). We hold that the body armor conviction is an ACCA predicate offense because it involved the possession of cocaine with intent to distribute. It is “a serious drug offense.” 18 U.S.C. § 924(e)(1). We will vacate the ruling of the District Court and remand for sentencing in…

2Cases cited17 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Shepard v. United StatesSupreme Court of the United States · 2005
  3. Connally v. General Construction Co.Supreme Court of the United States · 1926
  4. United States v. Alexander, JoeyCourt of Appeals for the D.C. Circuit · 2003
  5. United States v. Dale M. Preston, A/K/A Jami Mansour ShabazzCourt of Appeals for the Third Circuit · 1990

12 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. United States v. WhindletonCourt of Appeals for the First Circuit · 2015
  2. United States v. TrentCourt of Appeals for the Tenth Circuit · 2014
  3. United States v. Joseph WilliamsCourt of Appeals for the Seventh Circuit · 2019
  4. United States v. BynumCourt of Appeals for the Eighth Circuit · 2012
  5. United States v. Conrad BlairCourt of Appeals for the Third Circuit · 2013

23 more not listed; retrieve them via the Exa API.

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