The maximum sentence for a prior state drug offense is determined by the law in effect at the time of the conviction rather than subsequent changes in state law.
A defendant challenged a federal sentencing enhancement under the Armed Career Criminal Act, arguing that his prior state drug convictions were not for serious drug offenses because subsequent changes in state law reduced the maximum penalties for those crimes. The question is whether the maximum term of imprisonment for a prior state drug offense is determined by the law in effect at the time of the federal sentencing or at the time of the state conviction. The Court holds that the maximum term of imprisonment is the maximum sentence applicable to the offense at the time the defendant was convicted of it. Therefore, the court must consult the version of state law that applied at the time of the conviction.
563 U.S. at 820 Determining serious drug offense under ACCA using prior law53 citing casesconsidering the “law under which the defendant was convicted” in determining whether a defendant committed a “serious drug offense” under ACCA
- United States v. Eugene Jackson, 55 F. 4th 846 (11th Cir. 2022).published Cf. McNeill, 563 U.S. at 822 (“This natural reading of ACCA [to require consulting the law that applied at the time of the prior state conviction] also avoids the absurd results that would follow from consulting current state law to define…
- United States v. Justin Brown, 47 F.4th 147 (3d Cir. 2022).published Id. at 820; see also id. at 822 (“[A]bsurd results . . . would follow from consulting current state law to define a previous offense.”).
- United States v. Tony Williams, No. 19-6410 (6th Cir. Mar. 25, 2021).unpublished (McNeill argues that the present-tense verb in the phrase ‘is prescribed by law’ requires federal courts to determine the maximum sentence . . . by looking to the state law in effect at the time of the federal sentencin…)
- Eduardo Velasquez-Rios v. Robert Wilkinson, No. 18-72990 (9th Cir. Feb. 24, 2021).published McNeill, 563 U.S. at 819 (“[The] ACCA’s sentencing enhancement applies to individuals who have ‘three previous convictions . . . for a violent felony or a serious drug offense.’”).
- Eduardo Velasquez-Rios v. William Barr, 988 F.3d 1081 (9th Cir. 2020).published McNeill, 563 U.S. at 819 (“[The] ACCA’s sentencing enhancement applies to individuals who have ‘three previous convictions . . . for a violent felony or a serious drug offense.’”).
- United States v. Denard Stokeling, 684 F. App'x 870 (11th Cir. 2017).unpublished But again, this reasoning ignores what the Supreme Court told us about how to conduct the categorical analysis.1 See McNeill, 563 U.S. at 821 , 131 S. Ct. at 2222 (“The only way to answer this backward-looking question is to consult the la…
- United States v. Isaac Seabrooks, 839 F.3d 1326 (11th Cir. 2016).published McNeill, 563 U.S. at 820 , 131 S.Ct. at 2222 (“The -only way to answer this backward-looking question is to consult the law that applied at the time of that conviction.”); Before Robinson was decided, the controlling Florida Supreme Court…
- Peguero Vasquez v. Garland, 80 F.4th 422 (2d Cir. 2023).published The INA, like the ACCA, is “concerned with convictions that have already occurred,” and the “only way” to assess whether a past conviction makes an alien removable “is to consult the law that applied at the time of that conviction.” Id. (“…
- United States v. Mario Delaine, 171 F.4th 880 (6th Cir. 2026).publishedSee Brown v. United States, 602 U.S. 101, 111 (2024); McNeill v. United States, 563 U.S. 816, 820 (2011).
- Moore, No. 8:22-cv-01415 (M.D. Fla. Nov. 18, 2025). Otherwise, prior state drug convictions would be “erased or disappear for ACCA purposes when . . . the federal schedules at the time [the defendant] committed his firearm offense have omitted the substances that were federally controlled a…
Show 34 more citing cases
- United States v. Jerome Miller, Jr., 157 F.4th 1365 (11th Cir. 2025).published McNeill, 563 U.S. at 818.
- United States v. Alante Nelson, 151 F.4th 577 (4th Cir. 2025).publishedSee 114 F.3d at 445 (emphasizing that the career offender enhancement is based on “prior felony conviction[s],” with the date of conviction being determined by “the date the guilt of the defendant is established”); see also Clark, 46 F.4th…
- Luis Fernandez v. United States, 114 F.4th 1170 (11th Cir. 2024).published “backward-looking question”
- Brown v. United States, 602 U.S. 101 (2024).published This “backward-looking” approach, id., at 820, supports the Government's interpretation.
- United States v. Denny Anderson, 99 F.4th 1106 (7th Cir. 2024).published (considering the “law under which the defendant was convicted” in determining whether a defendant committed a “serious drug offense” under ACCA)
- United States v. Andre Michael Dubois, 94 F.4th 1284 (11th Cir. 2024).published But as the Supreme Court has explained in a similar context, an ordinary reader would understand that the guideline refers to a conviction that occurred in the past and that the definition provision “use[s] the present tense to refer to [t…
- United States v. James Joseph Bryant, No. 19-12283 (11th Cir. Dec. 29, 2023).unpublished(applying the statutes in effect at the time of the contested conviction)
- United States v. Lorenzo Heard, Jr., 62 F.4th 1109 (8th Cir. 2023).publishedMcNeill v. United States, 563 U.S. 816, 820 (2011).
- Haynes v. USA-2255, No. 8:16-cv-02691 (D. Md. Feb. 16, 2023).“the law that applied ‘at the time of that conviction”
- United States v. Rogers, No. 22-7039 (10th Cir. Nov. 2, 2022).unpublished“to consult the maximum sentence applicable to a defendant’s previous drug offense at the time of his conviction for that offense”
- United States v. Christopher Perez, 46 F.4th 691 (8th Cir. 2022).publishedThe Court held the “ACCA requires a federal sentencing court to consult the maximum sentence applicable to a defendant’s previous drug offense at the time of his conviction for that offense” because “[i]t cannot be correct that subsequent…
- United States v. James Clark, III, 46 F.4th 404 (6th Cir. 2022).published McNeill, 563 U.S. at 818.
- United States v. Eugene Jackson, 36 F.4th 1294 (11th Cir. 2022).published When we examine prior state convictions under the categorical approach, we analyze “the version of state law that the defendant was actually convicted of violating.” McNeill v. United States, 563 U.S. 816, 821 (2011).
- United States v. McGee, No. 18-5019 (10th Cir. Jan. 14, 2019).unpublished
- United States v. Robert Bates, No. 17-5228 (6th Cir. Nov. 20, 2017).unpublished
- United States v. Kennedy, 881 F.3d 14 (1st Cir. 2018).published
- United States v. Vickie Sanders, 909 F.3d 895 (7th Cir. 2018).published
- United States v. Juan Bermudez-Zamora, No. 18-10481 (9th Cir. Dec. 19, 2019).unpublished
- Gonzalo Dominguez v. William Barr, 975 F.3d 725 (9th Cir. 2020).published
- Noe Medina-Rodriguez v. William Barr, 979 F.3d 738 (9th Cir. 2020).published
- United States v. Jonathan Magana, No. 20-50152 (9th Cir. June 14, 2021).unpublished
- United States v. Melendez, 16 F.4th 315 (1st Cir. 2021).published
- United States v. Soterio Hope, 28 F.4th 487 (4th Cir. 2022).published
- United States v. John Proctor, 28 F.4th 538 (4th Cir. 2022).published
- United States v. Jamar Lewis, 58 F.4th 764 (3d Cir. 2023).published
- United States v. Keith A. Penn, 63 F.4th 1305 (11th Cir. 2023).published
- Erlinger v. United States, 602 U.S. 821 (2024).published
- Nero v. USA - 2255, No. 8:16-cv-01976 (D. Md. July 28, 2021).
- Nero v. USA - 2255, No. 8:16-cv-01977 (D. Md. July 28, 2021).
- Nero v. USA - 2255, No. 8:16-cv-01974 (D. Md. July 28, 2021).
- United States v. Faust, 853 F.3d 39 (1st Cir. 2017).published
- United States v. Faust, 869 F.3d 11 (1st Cir. 2017).published
- United States v. Roy Pratt, 704 F. App'x 420 (6th Cir. 2017).unpublished
- United States v. Eulis Allen, 711 F. App'x 781 (6th Cir. 2017).unpublished
563 U.S. at 821 Determining state law for prior convictions under ACCA27 citing cases“the version of state law that the defendant was actually convicted of violating”
- United States v. Eugene Jackson, 55 F. 4th 846 (11th Cir. 2022).published Cf. McNeill, 563 U.S. at 822 (“This natural reading of ACCA [to require consulting the law that applied at the time of the prior state conviction] also avoids the absurd results that would follow from consulting current state law to define…
- United States v. Tony Williams, No. 19-6410 (6th Cir. Mar. 25, 2021).unpublished McNeill rejected that reasoning. 563 U.S. at 820 (“McNeill argues that the present-tense verb in the phrase ‘is prescribed by law’ requires federal courts to determine the maximum sentence . . . by looking to the state law in effect at the…
- United States v. Denard Stokeling, 684 F. App'x 870 (11th Cir. 2017).unpublished But again, this reasoning ignores what the Supreme Court told us about how to conduct the categorical analysis.1 See McNeill, 563 U.S. at 821 , 131 S. Ct. at 2222 (“The only way to answer this backward-looking question is to consult the la…
- United States v. Isaac Seabrooks, 839 F.3d 1326 (11th Cir. 2016).published McNeill, 563 U.S. at 820 , 131 S.Ct. at 2222 (“The -only way to answer this backward-looking question is to consult the law that applied at the time of that conviction.”); Before Robinson was decided, the controlling Florida Supreme Court…
- United States v. Christopher Pinkston, 177 F.4th 1309 (11th Cir. 2026).published McNeill v. United States, 563 U.S. 816 , 821-22 (2011) (“[W]hen determining whether a defendant was convicted of a ‘violent felony,’ we have turned to the version of state law that the defendant was actually convicted of violating.”).
- Peguero Vasquez v. Garland, 80 F.4th 422 (2d Cir. 2023).published The INA, like the ACCA, is “concerned with convictions that have already occurred,” and the “only way” to assess whether a past conviction makes an alien removable “is to consult the law that applied at the time of that conviction.” Id. (“…
- United States v. Louis Pasquazzi, No. 23-12994 (11th Cir. May 8, 2025).unpublished It held that, even though Congress used present tense language in the ACCA, it was not persuaded that Congress intended to “look anywhere other than the law under which the defendants were USCA11 Case: 23-12994 Document: 43-1 Date Filed: 0…
- Brown v. United States, 602 U.S. 101 (2024).published This “backward-looking” approach, id., at 820, supports the Government's interpretation.
- Carpio v. Garland, No. 22-1025 (9th Cir. Apr. 28, 2023).unpublished“the version of state law that the defendant was actually convicted of violating”
- United States v. Williams, 48 F.4th 1125 (10th Cir. 2022).publishedMcNeill, 563 U.S. at 819.
Show 14 more citing cases
- United States v. James Clark, III, 46 F.4th 404 (6th Cir. 2022).published McNeill, 563 U.S. at 818.
- United States v. Eugene Jackson, 36 F.4th 1294 (11th Cir. 2022).published “the version of state law that the defendant was actually convicted of violating”
- United States v. Anthony London, No. 15-1206 (3d Cir. Aug. 31, 2018).unpublished
- Jam v. Int'l Fin. Corp., 586 U.S. 199 (2019).published
- Jam v. Int'l Fin. Corp., No. 17-1011 (U.S. July 16, 2019).published
- Pauline Nadege Binam v. U.S. Attorney Gen., No. 20-10630 (11th Cir. Dec. 1, 2020).unpublished
- United States v. Diaz, 821 F.3d 1051 (9th Cir. 2016).published
- United States v. Faust, 853 F.3d 39 (1st Cir. 2017).published
- United States v. Rodney L. Razz, Jr., 679 F. App'x 950 (11th Cir. 2017).unpublished
- United States v. Samuel J. Johnson, 681 F. App'x 735 (11th Cir. 2017).unpublished
- United States v. Jerome Antwan Cooper, 689 F. App'x 901 (11th Cir. 2017).unpublished
- United States v. Harry Wilcoxson, 699 F. App'x 888 (11th Cir. 2017).unpublished
- United States v. Bradley Eugene Ackerman, 709 F. App'x 925 (11th Cir. 2017).unpublished
- United States v. Jason Kushmaul, 984 F.3d 1359 (11th Cir. 2021).published
563 U.S. at 822 Determining offense elements using historical statute of conviction17 citing casesThis natural reading of ACCA [to require consulting the law that applied at the time of the prior state conviction] also avoids the absurd results that would follow from consulting current state law to define a previous offense.
- United States v. Eugene Jackson, 55 F. 4th 846 (11th Cir. 2022).published (This natural reading of ACCA [to require consulting the law that applied at the time of the prior state conviction] also avoids the absurd results that would follow from consulting current state law to define a previou…)
- United States v. Justin Brown, 47 F.4th 147 (3d Cir. 2022).published ([A]bsurd results . . . would follow from consulting current state law to define a previous offense.)
- United States v. Tony Williams, No. 19-6410 (6th Cir. Mar. 25, 2021).unpublished McNeill rejected that reasoning. 563 U.S. at 820 (“McNeill argues that the present-tense verb in the phrase ‘is prescribed by law’ requires federal courts to determine the maximum sentence . . . by looking to the state law in effect at the…
- United States v. Louis Pasquazzi, No. 23-12994 (11th Cir. May 8, 2025).unpublished It held that, even though Congress used present tense language in the ACCA, it was not persuaded that Congress intended to “look anywhere other than the law under which the defendants were USCA11 Case: 23-12994 Document: 43-1 Date Filed: 0…
- Brown v. United States, 602 U.S. 101 (2024).published This “backward-looking” approach, id., at 820, supports the Government's interpretation.
- United States v. Andre Michael Dubois, 94 F.4th 1284 (11th Cir. 2024).published But as the Supreme Court has explained in a similar context, an ordinary reader would understand that the guideline refers to a conviction that occurred in the past and that the definition provision “use[s] the present tense to refer to [t…
- Rudisill v. McDonough, 55 F.4th 879 (Fed. Cir. 2022).published(adopting an interpretation that “avoids the absurd results that would follow” from an alternate interpretation)
- Keane v. Velarde, No. 1:21-cv-08257 (S.D.N.Y. Aug. 19, 2022).See Van Buren, 141 S. Ct. at 1661 (“[T]he fallout underscores the implausibility of the . . . interpretation.”); Cuthill, 990 F.3d at 281 (“[W]e are mindful of the well-established rule that ‘absurd results are to be avoided.’” (quoting Mc…
- United States v. Onterrail Altman, Jr., No. 21-3380 (8th Cir. July 27, 2022).unpublishedId. at 470 (quoting Jackson, 2022 WL 303231 , at *2 (quoting McNeill v. United States, 563 U.S. 816, 822 (2011))).
- Bo v. Robert L. Wilkie, No. 16-4134 (Vet. App. Aug. 15, 2019).published
Show 6 more citing cases
- United States v. Alexander Coleman, 977 F.3d 666 (8th Cir. 2020).published
- Boulanger v. United States, 978 F.3d 24 (1st Cir. 2020).published
- Cuthill v. Blinken, 990 F.3d 272 (2d Cir. 2021).published
- Nw. Env't Advocates v. Nat'l Marine Fisheries Serv., No. 1:13-cv-00263 (D. Idaho July 19, 2021).
- Martinez v. Gutsy LLC, No. 1:22-cv-00409, 2022 WL 17303830 (E.D.N.Y. Nov. 29, 2022).
- N of Contracting Plumbers v. City of New York, 180 F.4th 434 (2d Cir. 2026).published
563 U.S. at 819 Interpreting statutory language and sentencing enhancements10 citing cases[The] ACCA’s sentencing enhancement applies to individuals who have ‘three previous convictions . . . for a violent felony or a serious drug offense.’
- United States v. Eugene Jackson, 55 F. 4th 846 (11th Cir. 2022).published Cf. McNeill, 563 U.S. at 822 (“This natural reading of ACCA [to require consulting the law that applied at the time of the prior state conviction] also avoids the absurd results that would follow from consulting current state law to define…
- Eduardo Velasquez-Rios v. Robert Wilkinson, No. 18-72990 (9th Cir. Feb. 24, 2021).published ([The] ACCA’s sentencing enhancement applies to individuals who have ‘three previous convictions . . . for a violent felony or a serious drug offense.’)
- Eduardo Velasquez-Rios v. William Barr, 988 F.3d 1081 (9th Cir. 2020).published ([The] ACCA’s sentencing enhancement applies to individuals who have ‘three previous convictions . . . for a violent felony or a serious drug offense.’)
- United States v. Jerome Miller, Jr., 157 F.4th 1365 (11th Cir. 2025).published McNeill, 563 U.S. at 818.
- United States v. Minor, 121 F.4th 1085 (5th Cir. 2024).published McNeill held that the “‘maximum term of imprisonment’ for a defendant’s prior state drug offense is the maximum sentence applicable to his offense when he was convicted of it.” McNeill, 563 U.S. at 817-18.
- Larson v. Davidson Trucking Inc, No. 2:20-cv-00250 (N.D. Ind. May 29, 2024).Interpretation “begin[s] with ‘the language [of the statute] itself[.]” Scherr v. Marriott Int’l, Inc., 703 F.3d 1069, 1077 (7th Cir. 2013) (quoting McNeill v. United States, 563 U.S. 816, 819 (2011)).
- United States v. Williams, 48 F.4th 1125 (10th Cir. 2022).publishedMcNeill, 563 U.S. at 819.
- Green v. Brennan, 578 U.S. 547 (2016).published
- Pinkus v. Sirius XM Radio, Inc., No. 1:16-cv-10858 (N.D. Ill. July 26, 2018).
- Gadelhak v. AT&T Servs., Inc., No. 1:17-cv-01559, 2019 WL 1429346 (N.D. Ill. Mar. 29, 2019).
563 U.S. at 823 State law changes not erasing prior felony convictions12 citing cases“culpability and dangerousness”
- United States v. Eugene Jackson, 55 F. 4th 846 (11th Cir. 2022).published Cf. McNeill, 563 U.S. at 822 (“This natural reading of ACCA [to require consulting the law that applied at the time of the prior state conviction] also avoids the absurd results that would follow from consulting current state law to define…
- United States v. Tony Williams, No. 19-6410 (6th Cir. Mar. 25, 2021).unpublished McNeill rejected that reasoning. 563 U.S. at 820 (“McNeill argues that the present-tense verb in the phrase ‘is prescribed by law’ requires federal courts to determine the maximum sentence . . . by looking to the state law in effect at the…
- Eduardo Velasquez-Rios v. Robert Wilkinson, No. 18-72990 (9th Cir. Feb. 24, 2021).published McNeill, 563 U.S. at 819 (“[The] ACCA’s sentencing enhancement applies to individuals who have ‘three previous convictions . . . for a violent felony or a serious drug offense.’”).
- Eduardo Velasquez-Rios v. William Barr, 988 F.3d 1081 (9th Cir. 2020).published McNeill, 563 U.S. at 819 (“[The] ACCA’s sentencing enhancement applies to individuals who have ‘three previous convictions . . . for a violent felony or a serious drug offense.’”).
- United States v. Fulcar, 181 F.4th 63 (1st Cir. 2026).publishedBut, the government points out, Brown held the - 24 - opposite based on its determination that "ACCA is a recidivist statute that gauges what a defendant's 'history of criminal activity' says about his or her 'culpability and dangerousness…
- United States v. Idris Quintell Wilkes, 133 F.4th 600 (6th Cir. 2025).publishedWilkes’s Michigan convictions for the delivery or manufacture of cocaine from 1994, 2006, and 2007 do not “‘cease to exist’ merely because the crime was later redefined.” Id. at 113-14 (quoting McNeill v. United States, 563 U.S. 816, 823 (…
- Brown v. United States, 602 U.S. 101 (2024).published “culpability and dangerousness”
- United States v. Harbin, 56 F.4th 843 (10th Cir. 2022).publishedTo the contrary, Congress has expressly directed that a prior violent felony conviction remains a “conviction” unless it has been “expunged, or set aside or [the] person has been pardoned or has had civil rights restored.” Id. at 823 (alte…
- United States v. Gibson, 55 F.4th 153 (2d Cir. 2022).publishedMcNeill." (Government's 13 reply brief on appeal at 3, 4.) The government points out that the Supreme Court 14 stated that 15 McNeill cannot explain why two defendants who violated 16 § 922(g) on the same day and who had identical criminal…
- United States v. James Clark, III, 46 F.4th 404 (6th Cir. 2022).published McNeill, 563 U.S. at 818.
563 U.S. at 818 Determining serious drug offense status based on prior sentencing maximums7 citing cases
- United States v. Justin Brown, 47 F.4th 147 (3d Cir. 2022).published Id. at 820; see also id. at 822 (“[A]bsurd results . . . would follow from consulting current state law to define a previous offense.”).
- United States v. Tony Williams, No. 19-6410 (6th Cir. Mar. 25, 2021).unpublished McNeill rejected that reasoning. 563 U.S. at 820 (“McNeill argues that the present-tense verb in the phrase ‘is prescribed by law’ requires federal courts to determine the maximum sentence . . . by looking to the state law in effect at the…
- United States v. Jerome Miller, Jr., 157 F.4th 1365 (11th Cir. 2025).published McNeill, 563 U.S. at 818.
- United States v. Jerry Kay Lowe, Jr., No. 22-5171 (6th Cir. Mar. 14, 2023).unpublishedIt held that “the maximum term of imprisonment for a defendant’s prior state drug offense is the maximum sentence applicable to his offense when he was convicted of it.” Id. at 818 (cleaned up).
- United States v. James Clark, III, 46 F.4th 404 (6th Cir. 2022).published McNeill, 563 U.S. at 818.
- United States v. McGee, No. 18-5019 (10th Cir. Jan. 14, 2019).unpublished
- Saxon v. United States, No. 16-2735-cv(L) (2d Cir. June 13, 2017).unpublished
180 L. Ed. 2d at 40 “the version of state law that the defendant was actually convicted of violating.”6 citing cases
- United States v. Christopher Pinkston, 177 F.4th 1309 (11th Cir. 2026).published ([W]hen determining whether a defendant was convicted of a ‘violent felony,’ we have turned to the version of state law that the defendant was actually convicted of violating.)
- Peguero Vasquez v. Garland, 80 F.4th 422 (2d Cir. 2023).published “the maximum sentence that 'is prescribed by law' for that offense must . . . be determined according to the law applicable at that time.”
- Young v. United States, No. 5:22-cv-00258 (E.D. Ky. Apr. 3, 2023).“it cannot be correct that subsequent changes in state law can erase an earlier conviction for acca purposes.”
- Culpepper v. Birmingham Jefferson Cnty. Transit Auth. (BJCTA), 584 F. Supp. 3d 1050 (N.D. Ala. 2022).published“as in all statutory construction cases, we begin with the language itself and the 20 specific context in which that language is used.”
- United States v. Morales-Landa, 18 F. Supp. 3d 1015 (S.D. Cal. 2014).published “this natural reading of the armed career criminal act also avoids the absurd results that would follow from consulting current state law to define a previous offense.”
- Descamps v. United States, 570 U.S. 254 (2013).published (The only way to answer [ACCA's] backward-looking question [whether a previous conviction was for a serious drug offense] is to consult the law that applied at the time of that conviction)
563 U.S. at 817 Defining serious drug offense and maximum term of imprisonment5 citing cases“maximum term of imprisonment’ for a defendant’s prior state drug offense is the maximum sentence applicable to his offense when he was convicted of it”
- United States v. Eugene Jackson, 55 F. 4th 846 (11th Cir. 2022).published Cf. McNeill, 563 U.S. at 822 (“This natural reading of ACCA [to require consulting the law that applied at the time of the prior state conviction] also avoids the absurd results that would follow from consulting current state law to define…
- Eduardo Velasquez-Rios v. Robert Wilkinson, No. 18-72990 (9th Cir. Feb. 24, 2021).published McNeill, 563 U.S. at 819 (“[The] ACCA’s sentencing enhancement applies to individuals who have ‘three previous convictions . . . for a violent felony or a serious drug offense.’”).
- Eduardo Velasquez-Rios v. William Barr, 988 F.3d 1081 (9th Cir. 2020).published McNeill, 563 U.S. at 819 (“[The] ACCA’s sentencing enhancement applies to individuals who have ‘three previous convictions . . . for a violent felony or a serious drug offense.’”).
- United States v. Minor, 121 F.4th 1085 (5th Cir. 2024).published “maximum term of imprisonment’ for a defendant’s prior state drug offense is the maximum sentence applicable to his offense when he was convicted of it”
- United States v. McGee, No. 18-5019 (10th Cir. Jan. 14, 2019).unpublished
131 S. Ct. at 2221 Interpreting statutes by examining language and context4 citing cases
- United States v. Dwight Turlington, No. 11-2586, 2012 WL 4237611 (3d Cir. Oct. 16, 2012).published
- Resisting Env't Destruction on Indigenous Lands, Redoil v. United States Env't Prot. Agency, 716 F.3d 1155 (9th Cir. 2012).published
- Redoil v. Epa, No. 12-70518 (9th Cir. Apr. 23, 2013).published
- United States v. Sellers, No. 13-4431-cr (2d Cir. Apr. 27, 2015).published
563 U.S. at 825 Determining serious drug offense based on state conviction penalty3 citing cases
- Johnson v. United States, No. 1:24-cv-00831, 2025 WL 731966 (W.D. Mich. Mar. 7, 2025). In 2011, the Supreme Court “held that, when determining the maximum term of imprisonment for a prior offense, courts must look to the punishment authorized under the statute at the time of the state conviction rather than at the time of cu…
- Traywicks v. United States, No. 5:22-cv-00293-R (W.D. Okla. Sept. 30, 2022).Accordingly, the relevant inquiry is to consider the maximum term of imprisonment that was applicable to Defendant’s predicate offenses “at the time of the [D]efendant’s state conviction for [those] offense[s]” to determine whether the con…
- United States v. James Clark, III, 46 F.4th 404 (6th Cir. 2022).published McNeill, 563 U.S. at 818.
131 S. Ct. at 2222 The only way to answer this backward-looking question is to consult the law that applied at the time of that conviction.2 citing cases
- United States v. Denard Stokeling, 684 F. App'x 870 (11th Cir. 2017).unpublished (The only way to answer this backward-looking question is to consult the law that applied at the time of that conviction.)
- United States v. Isaac Seabrooks, 839 F.3d 1326 (11th Cir. 2016).published (The -only way to answer this backward-looking question is to consult the law that applied at the time of that conviction.)
563 U.S. at 824 convictions for selling cocaine and possessing cocaine with intent to sell were serious drug offenses within the meaning of the ACCA2 citing cases
- United States v. Jerome Miller, Jr., 157 F.4th 1365 (11th Cir. 2025).published McNeill, 563 U.S. at 818.
- Hartwell v. Werlich, No. 3:17-cv-01137 (S.D. Ill. Dec. 20, 2019).
563 U.S. at 858 cited at this page1 citing case
- Moore, No. 8:22-cv-01415 (M.D. Fla. Nov. 18, 2025). Otherwise, prior state drug convictions would be “erased or disappear for ACCA purposes when . . . the federal schedules at the time [the defendant] committed his firearm offense have omitted the substances that were federally controlled a…
Congress has “used the present tense to refer to past convictions
- Humane Soc'y of the United States v. Ryan Zinke (Lead), 865 F.3d 585 (D.C. Cir. 2017).published (Congress has “used the present tense to refer to past convictions)
Other citing cases
- Boanegres Casamalhuapa Morales v. Attorney Gen. United States, No. 23-2426 (3d Cir. July 17, 2024).unpublished
v.
UNITED STATES
OPINION OF THE COURT
Justice Thomasdelivered the opinion of the Court.
Under the Armed Career Criminal Act (ACCA), a prior state drug-trafficking conviction is for a “serious drug offense” if “a maximum term of imprisonment of ten years or more is prescribed by law” for the offense. 18 U.S.C. § 924(e)(2)(A)(ii). The question in this case concerns how a federal court should determine the maximum sentence for a prior state drug offense for ACCA purposes. We hold that
the “maximum term of imprisonment” for a defendant’s prior state drug offense is the maximum sentence applicable to his offense when he was convicted of it.
I
After an extended chase, police officers in Fayetteville, North Carolina, apprehended petitioner Clifton Te-relle McNeill. McNeill was caught with 3.1 grams of crack cocaine packaged for distribution and a .38-caliber revolver. In August 2008, he pleaded guilty to unlawful possession of a firearm by a felon, 18 U.S.C. § 922(g)(1), and possession with intent to distribute cocaine base, 21 U.S.C. § 841(a)(1).
At sentencing, the District Court determined that McNeill qualified for ACCA’s sentencing enhancement. Under ACCA, a person who violates 18 U.S.C. § 922(g) and “has three previous convictions ... for a violent felony or a serious drug offense” is subject to a 15-year minimum prison sentence. § 924(e)(1). McNeill conceded that two of his prior convictions—assault with a deadly weapon and robbery—were for “violent felonies.”
McNeill argued, however, that none of his six state drug-trafficking convictions were for “serious drug offense[s]” because those crimes no longer carried a “maximum term of imprisonment of ten years or more.” § 924(e)(2)(A)(ii). When McNeill[*40] committed those crimes between 1991 and 1994, each carried a 10-year maximum sentence, and McNeill in fact received 10-year sentences. See N. C. Gen. Stat. §§ 14-1.1(a)(8), 90-95(a)(1) and (b)(1) (Michie 1993) (sale of cocaine and possession with intent to sell cocaine). But as of October 1, 1994, North Carolina reduced the maximum sentence for selling cocaine to 38 months and the maximum sentence for possessing cocaine with intent to sell to 30 months. See N. C. Gen. Stat. Ann. §§ 15A-1340.17(c) and (d), 90-95(a)(1) and (b)(1) (Lexis 2009).
The District Court rejected Mc-Neill’s request that it look to current state law and instead relied on the 10-year
maximum sentence that applied to McNeill’s drug offenses at the time he committed them. No. 5:08-CR-2-D-1 (EDNC, Jan. 26, 2009), App. 118. Finding that McNeill therefore had three prior convictions for violent felonies or serious drug offenses, the court applied ACCA’s sentencing enhancement. The court then departed upward from the advisory Sentencing Guidelines range and sentenced McNeill to 300 months in prison in light of his “long and unrelenting history of serious criminal conduct” and “near certain likelihood of recidivism.” Id., at 119, 121.
The Court of Appeals for the Fourth Circuit affirmed. Although the court consulted the maximum sentence under current state law, it reached the same conclusion as the District Court because North Carolina’s revised sentencing scheme does not apply to crimes committed before October 1, 1994. 598 F.3d 161, 165 (2010) (agreeing with United States v. Hinojosa, 349 F.3d 200 (CA5 2003), and disagreeing with United States v. Darden, 539 F.3d 116 (CA2 2008)). Thus, even if McNeill were convicted today for his 1991, 1992, and September 1994 drug offenses, he would still be subject to the old 10-year statutory maximum. 598 F.3d, at 165 (citing N. C. Gen. Stat. § 15A-1340.10 and State v. Branch, 134 N.C. App. 637, 639-640, 518 S.E.2d 213, 215 (1999)). We granted certiorari, 562 U.S. 1128, 131 S. Ct. 856, 178 L. Ed. 2d 623 (2011), and now affirm, albeit for a different reason.
II
A
As in all statutory construction cases, we begin with “the language itself [and] the specific context in which that language is used.” Robinson v. Shell Oil Co., 519 U.S. 337, 341, 117 S. Ct. 843, 136 L. Ed. 2d 808 (1997). ACCA’s sentencing enhancement applies to individuals who have “three previous convictions . . . for a violent felony or a serious drug offense.” § 924(e)(1). As relevant here, the statute defines a “serious drug offense” as “an offense under State law, involving manufacturing, distributing,
or possessing with intent to manufacture or distribute, a controlled substance . . . , for which a maximum term of imprisonment of ten years or more is prescribed by law.” § 924(e)(2)(A)(ii).
The plain text of ACCA requires a federal sentencing court to consult the maximum sentence applicable to a defendant’s previous drug offense at the time of his conviction for that offense. The statute requires the court to determine whether a “previous con-victio[n]” was for a serious drug offense. The only way to answer this backward-looking question is to consult the law that applied at the time of that conviction. We did precisely that in United States v. Rodriquez, [*41] 553 U.S. 377, 128 S. Ct. 1783, 170 L. Ed. 2d 719 (2008), where we addressed whether the “maximum term of imprisonment” includes recidivism enhancements. In assessing the “maximum term of imprisonment” for Rodriguez’s state drug offenses, we consulted the version of state law “that [he] was convicted of violating,” that is, the 1994 statutes and penalties that applied to his offenses at the time of his state convictions. Id., at 380-381, 128 S. Ct. 1783, 170 L. Ed. 2d 719.
Use of the present tense in the definition of “serious drug offense” does not suggest otherwise. McNeill argues that the present-tense verb in the phrase “is prescribed by law” requires federal courts to determine the maximum sentence for a potential predicate offense by looking to the state law in effect at the time of the federal sentencing, as if the state offense were committed on the day of federal sentencing. That argument overlooks the fact that ACCA is concerned with convictions that have already occurred. Whether the prior conviction was for an offense “involving manufacturing, distributing, or possessing with intent to manufacture or distribute, a controlled substance” can only be answered by reference to the law under which the defendant was convicted. Likewise, the maximum sentence that “is prescribed by law” for that offense must also be determined according to the law applicable at that time.
McNeill’s interpretation contorts the plain meaning of the statute. Although North Carolina courts actually sentenced him to 10 years in prison for his drug offenses, McNeill now contends that the “maximum term of imprisonment” for those offenses is 30 or 38 months. We find it “hard to accept the proposition that a defendant may lawfully [have] be[en] sentenced to a term of imprisonment that exceeds the ‘maximum term of imprisonment. . . prescribed by law.’ ” Id., at 383, 128 S. Ct. 1783, 170 L. Ed. 2d 719.
B
The “broader context of the statute as a whole,” specifically the adjacent definition of “violent felony,” confirms this interpretation. Robinson, supra, at 341, 117 S. Ct. 843, 136 L. Ed. 2d 808. ACCA defines “violent felony” in part as a crime that “has as an element the use, attempted use, or threatened use of physical force against the person of another” or “is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.” § 924(e)(2)(B) (emphasis added).
Despite Congress’ use of present tense in that definition, when determining whether a defendant was convicted of a “violent felony,” we have turned to the version of state law that the defendant was actually convicted of violating. In Taylor v. United States, 495 U.S. 575, 110 S. Ct. 2143, 109 L. Ed. 2d 607 (1990), the Court held that whether Taylor’s 1963 and 1971 convictions were for a crime that “is burglary” depended on the “former Missouri statutes defining second-degree burglary” that “were the bases for Taylor’s prior convictions.” Id., at 602, 110 S. Ct. 2143, 109 L. Ed. 2d 607; see id., at 578, n. 1, 110 S. Ct. 2143, 109 L. Ed. 2d 607 (noting a subsequent change in state law, but relying on the burglary statutes in force “ [i]n those years” in which Taylor was convicted). Similarly, in James v. United States, 550 U.S. 192,[*42] 127 S. Ct. 1586, 167 L. Ed. 2d 532 (2007), this Court looked to the versions of Florida’s burglary and criminal attempt statutes that were in effect “at the time of James’ [1993 state] conviction.” Id., at 197, 127 S. Ct. 1586, 167 L. Ed. 2d 532; see ibid. (quoting the 1993 versions of the Florida statutes). The present-tense verbs in the
definition of “violent felony” did not persuade us to look anywhere other than the law under which the defendants were actually convicted to determine the elements of their offenses.
Having repeatedly looked to the historical statute of conviction in the context of violent felonies, we see no reason to interpret “serious drug offense[s]” in the adjacent section of the same statute any differently. In both definitions, Congress used the present tense to refer to past convictions. Cf. Nijhawan v. Holder, 557 U.S. 29, 39, 129 S. Ct. 2294, 174 L. Ed. 2d 22 (2009) (“Where, as here, Congress uses similar statutory language ... in two adjoining provisions, it normally intends similar interpretations”).
C
This natural reading of ACCA also avoids the absurd results that would follow from consulting current state law to define a previous offense. See United States v. Wilson, 503 U.S. 329, 334, 112 S. Ct. 1351, 117 L. Ed. 2d 593 (1992) ( “[A]bsurd results are to be avoided”).
For example, McNeill concedes that under his approach, a prior conviction could “disappear” entirely for ACCA purposes if a State reformulated the offense between the defendant’s state conviction and federal sentencing. Tr. of Oral Arg. 12-13. The Sixth Circuit confronted a similar scenario in Mallett v. United States, 334 F.3d 491 (2003), where Ohio had substantially changed how drug quantities were measured since Mallett’s state drug conviction. Id., at 502 (addressing this issue in the context of the career offender provision of the Sentencing Guidelines). The Sixth Circuit could not “determine how Mallett would now be sentenced under Ohio’s revised drug laws” because the offense for which he had been convicted “no longer exist[ed] and no conversion between the former and amended statutes [wa]s facially apparent.” Ibid. The court therefore was compelled to look to state law “as of the time of the state-court
conviction” to determine the maximum possible sentence for Mallet’s prior offense. Id., at 503.
It cannot be correct that subsequent changes in state law can erase an earlier conviction for ACCA purposes. A defendant’s history of criminal activity—and the culpability and dangerousness that such history demonstrates—does not cease to exist when a State reformulates its criminal statutes in a way that prevents precise translation of the old conviction into the new statutes. Congress based ACCA’s sentencing enhancement on prior convictions and could not have expected courts to treat those convictions as if they had simply disappeared. To the contrary, Congress has expressly directed that a prior violent felony conviction remains a “conviction” unless it has been “expunged, or set aside or [the] person has been pardoned or has had civil rights restored.” 18 U.S.C. § 921(a)(20); see also Custis v. United [*43] States, 511 U.S. 485, 491, 114 S. Ct. 1732, 128 L. Ed. 2d 517 (1994) (explaining that § 921(a)(20) “creates a clear negative implication that courts may count a conviction that has not been set aside”).
In addition, McNeill’s interpretation would make ACCA’s applicability depend on the timing of the federal sentencing proceeding. McNeill cannot explain why two defendants who violated § 922(g) on the same day and who had identical criminal histories—down to the dates on which they committed and were sentenced for their prior offenses—should receive dramatically different federal sentences solely because one’s § 922(g) sentencing happened to occur after the state legislature amended the punishment for one of the shared prior offenses. In contrast, the interpretation we adopt permits a defendant to know even before he violates § 922(g) whether ACCA would apply.
III
Applying our holding to this case, we conclude that the District Court properly applied ACCA’s sentencing enhancement
to McNeill. In light of his two admitted violent felony convictions, McNeill needed only one conviction for a “serious drug offense” to trigger ACCA, but we note that all six of his prior drug convictions qualify.
In November 1992, McNeill pleaded guilty and was sentenced in a North Carolina court for five offenses: selling cocaine on four separate occasions in October 1991 and possessing cocaine with intent to sell on one occasion in February 1992. At the time of McNeill’s November 1992 conviction and sentencing, North Carolina law dictated that the maximum sentence for selling cocaine in 1991 and the maximum sentence for possessing cocaine with intent to sell in 1992 was 10 years in prison. See N. C. Gen. Stat. §§ 14-1.1(a)(8), 90-95(a)(1) and (b)(1) (Michie 1993). McNeill’s 1992 convictions were therefore for “serious drug offense [s]” within the meaning of ACCA.
McNeill’s sixth drug offense was possessing cocaine with intent to sell in September 1994. He pleaded guilty and was sentenced in a North Carolina court in April 1995. By April 1995, North Carolina had changed the sentence applicable to that type of drug offense but still provided that the maximum sentence for possessing cocaine with intent to sell in September 1994 was 10 years in prison. See 1993 N. C. Sess. Laws, ch. 538, § 2 (repealing N. C. Gen. Stat. § 14-1.1); 1993 N. C. Sess. Laws, ch. 538, § 56 (as modified by Extra Session 1994 N. C. Sess. Laws, ch. 24, § 14(b)) (“This act becomes effective October 1, 1994, and applies only to offenses occurring on or after that date. Prosecutions for, or sentences based on, offenses occurring before the effective date of this act [are controlled by] the statutes that would be applicable to those prosecutions or sentences but for the provisions of this act”). Therefore, McNeill’s 1995 conviction was also for a “serious drug offense.”
We conclude that a federal sentencing court must determine whether “an offense under State law” is a “serious drug offense” by consulting the “maximum term of imprison[*44]ment” applicable to a defendant’s previous drug offense at the time of the defendant’s state conviction for that offense.* § 924(e)(2)(A)(ii). The judgment of the United States Court of Appeals for the Fourth Circuit is affirmed.
It is so ordered.
As the Government notes, this case does not concern a situation in which a State subsequently lowers the maximum penalty applicable to an offense and makes that reduction available to defendants previously convicted and sentenced for that offense. Brief for United States 18, n. 5; cf. 18 U.S.C. § 3582(c)(2). We do not address whether or under what circumstances a federal court could consider the effect of that state action.