Legal Opinion
United States v. Canty
Court of Appeals for the Eleventh Circuit
Decided June 11, 2009No. 08-10659PublishedCited by 67 opinions
1Opinion of the Court
COX, Circuit Judge:
We consider in this appeal whether a defendant’s sentence was properly enhanced pursuant to the Armed Career Criminal Act, 18 U.S.C. § 924(e) (“the ACCA” or “the statute”). We hold that, pursuant to recent decisions of the Supreme Court and this court, convictions for carrying a concealed firearm should not be treated as violent felonies under the statute. And, concluding that the record does not support a finding of three violent felonies or serious drug crimes necessary to apply the ACCA enhancement, we vacate the sentences and remand for resentencing.
I. FACTUAL BACKGROUND
2Cases cited15 opinions
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Shepard v. United StatesSupreme Court of the United States · 2005
- Begay v. United StatesSupreme Court of the United States · 2008
- Chambers v. United StatesSupreme Court of the United States · 2009
- United States v. ArcherCourt of Appeals for the Eleventh Circuit · 2008
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3Cited by67 opinions
- McKay v. United StatesCourt of Appeals for the Eleventh Circuit · 2011
- Albert Williams v. Warden, Federal Bureau of PrisonCourt of Appeals for the Eleventh Circuit · 2013
- Dudley Bryant, Jr. v. Warden, FCC Coleman - MediumCourt of Appeals for the Eleventh Circuit · 2013
- United States v. OwensCourt of Appeals for the Eleventh Circuit · 2012
- United States v. Garnett HodgeCourt of Appeals for the Fourth Circuit · 2018
62 more not listed; retrieve them via the Exa API.