Legal Opinion

Dan Carmichael McCarthan v. Warden, FCC Coleman - Medium

Court of Appeals for the Eleventh Circuit

Decided January 20, 2016No. 12-14989PublishedCited by 6 opinions

1Per curiam

In 2003, Petitioner Dan McCarthan pled guilty to being a felon-in-possession of a firearm. The maximum sentence for a felon-in-possession conviction is ten years’ imprisonment. 18 U.S.C. § 924(a)(2). But the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e), requires sentencing courts to impose a term of imprisonment no lower than 15 years when a defendant has three prior convictions that qualify as serious drug offenses or violent felonies under the ACCA. 18 U.S.C. § 924(e). At the time of his sentencing, McCarthan had five prior convictions that arguably qualified him for an ACCA…

2Cases cited33 opinions

  1. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  2. Johnson v. United StatesSupreme Court of the United States · 2015
  3. Shepard v. United StatesSupreme Court of the United States · 2005
  4. Oyler v. BolesSupreme Court of the United States · 1962
  5. Schriro v. SummerlinSupreme Court of the United States · 2004

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3Cited by6 opinions

  1. Dan Carmichael McCarthan v. Director of Goodwill Industries-Suncoast, Inc.Court of Appeals for the Eleventh Circuit · 2017
  2. Frank L. Amodeo v. FCC Coleman - Low WardenCourt of Appeals for the Eleventh Circuit · 2021
  3. Jorge Cortes-Morales v. Suzanne R. HastingsCourt of Appeals for the Eleventh Circuit · 2016
  4. Dan Carmichael McCarthan v. Director of Goodwill Industries-Suncoast, Inc.Court of Appeals for the Eleventh Circuit · 2017
  5. Dan Carmichael McCarthan v. Director of Goodwill Industries-Suncoast, Inc.Court of Appeals for the Eleventh Circuit · 2017

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