United States v. Leroy Hemingway

Vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge SHEDD and Judge THACKER joined.

KING, Circuit Judge:

In November 2011, Leroy Deon Hemingway pleaded guilty in the District of South Carolina to being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922(g)(1). The district court sentenced Hemingway to fifteen years in prison, ruling that he was subject to the mandatory fifteen-year minimum required by the Armed Career Criminal Act (the “ACCA”), see 18 U.S.C. § 924(e). On appeal, Hemingway maintains that the court erred in…