Legal Opinion

United States v. Hammons

District Court, E.D. New York

Decided July 18, 2006No. Criminal Action CR-05-280 (DGT)PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

TRAGER, District Judge.

Defendant Ricky Hammons has been charged with being a felon-in-possession of a firearm. The government has notified him of its intention to seek a sentencing enhancement under the Armed Career Criminal Act (“ACCA”). 18 U.S.C. §§ 922(g)(1), 924(e). Hammons challenges whether his previous state felony convictions qualify as predicate convictions under ACCA, because under state law, these felonies no longer have the mandatory maximum sentence of ten or more years. Hammons and the government have consented to have this issue decided prior to trial.(1)

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2Cases cited14 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. Vernon Snype, Marisa HicksCourt of Appeals for the Second Circuit · 2006
  3. United States v. R. L. C.Supreme Court of the United States · 1992
  4. United States v. RLCSupreme Court of the United States · 1992
  5. People v. BehlogNew York Court of Appeals · 1989

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3Cited by4 opinions

  1. United States v. DardenCourt of Appeals for the Second Circuit · 2008
  2. United States v. WilliamsDistrict Court, E.D. New York · 2006
  3. United States v. ArcherDistrict Court, S.D. New York · 2006
  4. United States v. BrennanDistrict Court, E.D. New York · 2007

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