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Time and Punishment: How the ACCA Unjustly Creates a "One-Day Career Criminal"
American Criminal Law Review Pub Date : 2020-12-01
Aliza Hochman Bloom

In 2017, Adam Longoria was sentenced pursuant to the Armed Career Criminal Act (ACCA) to a fifteen-year term of imprisonment. The ACCA imposes a fifteen-year mandatory minimum sentence for any defendant who knowingly possesses a firearm and has three previous convictions for a “violent felony,” “serious drug offense,” or both, “committed on occasions different from one another.” 18 U.S.C. § 924(e). In Mr. Longoria’s case, the ACCA enhancement was based upon two drug sales committed within the temporal span of a related drug conspiracy. In 2010, he pled guilty to these three interrelated counts in federal court and was sentenced in one judgment later that year. Six years later, his live-in girlfriend tried to sell a gun on Facebook, and Mr. Longoria was charged with constructive possession of a firearm. Because Mr. Longoria’s three interrelated counts from the 2010 drug conspiracy were counted as three serious drug offenses “committed on occasions different from one another,” he was sentenced pursuant to the ACCA’s fifteen-year mandatory minimum.

中文翻译:

时间与惩罚:ACCA 如何不公正地制造“一日职业罪犯”

2017 年,亚当·朗格利亚根据武装职业犯罪法 (ACCA) 被判处 15 年监禁。ACCA 对任何明知拥有枪支并曾因“暴力重罪”、“严重毒品犯罪”或两者兼有、“在彼此不同的情况下犯下”而被定罪的任何被告处以 15 年的强制性最低刑期。18 USC § 924(e)。在 Longoria 先生的案例中,ACCA 增强是基于在相关药物阴谋的时间跨度内进行的两次药物销售。2010 年,他在联邦法院对这三项相互关联的罪名表示认罪,并于当年晚些时候在一项判决中被判刑。六年后,他的同居女友试图在 Facebook 上出售枪支,朗格利亚先生被指控推定持有枪支。因为先生。
更新日期:2020-12-01
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