At page 845 Determining maximum penalty under the ACCA20 citing cases“the acca imposes no upper limit. by implication, the maximum penalty under the acca is life imprisonment.”
- United States v. Donald Lee Presley, 52 F.3d 64 (4th Cir. 1995).published (The [ACCA] imposes no upper limit. By implication, the maximum penalty under the ACCA is life imprisonment.)
- Fenyang Stewart v. Andrei Iancu, 912 F.3d 693 (4th Cir. 2019).published“a court may not manufacture an ambiguity in order to defeat congress' intent.”
- Graves v. Commonwealth, 805 S.E.2d 226 (Va. 2017).publishedBecause the legal issue is the same — whether “minimum” means minimum, not maximum — they have everything in 4 See also United States v. Ortiz-García, 665 F.3d 279 , 284-85 & n.6 (1st Cir. 2011); United States v. Stewart, 628 F.3d 246, 258…
- United States v. Billy Walker, 720 F.3d 705 (8th Cir. 2013).published This court has held that “section [924(e)] provides for a statutory minimum penalty of 15 years and a maximum term of life imprisonment.” United States v. Carey, 898 F.2d 642, 644 (8th Cir. 1990), citing United States v. Blannon, 836 F.2d…
- Terra Nyree Hines v. Commonwealth of Virginia, 721 S.E.2d 792 (Va. Ct. App. 2012).published United States v. Ortiz-Garcia, 665 F.3d 279, 285 (1st Cir.2011); United States v. Rozier, 598 F.3d 768, 772 (11th Cir.2010); United States v. Shabazz, 564 F.3d 280, 289 (3d Cir.2009); United States v. Johnson, 507 F.3d 793, 798 (2d Cir.200…
- United States v. Stokes, 388 F.3d 21 (1st Cir. 2004).publishedSee United States v. Weems, 322 F.3d 18, 26 (1st Cir.2003) (stating that the maximum sentence under the ACCA is life imprisonment); see also Custis v. United States, 511 U.S. 485, 487 , 114 S.Ct. 1732 , 128 L.Ed.2d 517 (1994) (stating that…
- United States v. Sanders, 16 F. App'x 203 (4th Cir. 2001).unpublishedUnited States v. Blannon, 836 F.2d 843, 845 (4th Cir.1988); see also United States v. Brame, 997 F.2d 1426, 1428 (11th Cir.1993) (collecting cases).
- United States v. Taylor, 2 F. App'x 379 (4th Cir. 2001).unpublishedSee United States v. Presley, 52 F.3d 64, 70 (4th Cir.1995); United States v. Blannon, 836 F.2d 843, 845 (4th Cir.1988).
- United States v. Charles Mack, 229 F.3d 226 (3d Cir. 2000).published S 924 (e) (ACCA), raises the penalty for possession of a firearm by a felon from a maximum of 10 years . . . to a mandatory minimum sentence of 15 years and a maximum of life in prison. . . if the defendant `has three previous convictions…
- United States v. Mack, No. 99-1265 (3d Cir. Sept. 29, 2000).S 924 (e) (ACCA), raises the penalty for possession of a firearm by a felon from a maximum of 10 years . . . to a mandatory minimum sentence of 15 years and a maximum of life in prison. . . if the defendant `has three previous convictions…
Show 10 more citing cases
- United States v. Guerrero, 5 F.3d 868 (5th Cir. 1993).publishedSee United States v. Miles, 947 F.2d 1234 , 1235 & n. 1 (5th Cir.1991); United States v. Fields, 923 F.2d 358, 362 (5th Cir.1991), overruled in other respect, United States v. Lambert, 984 F.2d 658 , 662 & n. 10 (5th Cir.1993) (en banc); U…
- United States v. Robert Hal Brame, AKA Thomas Eugene Cavin, AKA Richard Allen Crabtree, AKA Tom Cavin, AKA Derick Robinson, AKA Robert Mark McQue, 997 F.2d 1426 (11th Cir. 1993).publishedHowever, every circuit court of appeals that has addressed this issue has concluded that the maximum sentence authorized under § 924(e) is life imprisonment. 3 See Walberg v. United States, 763 F.2d 143, 148-49 (2nd Cir.1985) (penalty stat…
- United States v. Aubrey Joshua, 976 F.2d 844 (3d Cir. 1992).publishedUnited States v. Williams, 892 F.2d 296, 304 (3d Cir.1989) ("When Congress provided for 'imprisonment of not less than fifteen years [in § 924(e)(1)]/ it meant a maximum of life."), cert. denied, 496 U.S. 939 , 110 S.Ct. 3221 , 110 L.Ed.2d…
- United States v. C.W. Fields, A/K/A William T. Neilley, 923 F.2d 358 (5th Cir. 1991).publishedUnited States v. Carey, 898 F.2d 642, 644 (8th Cir.1990); United States v. Williams, 892 F.2d 296, 304 (3d Cir.1989); United States v. Blannon, 836 F.2d 843, 845 (4th Cir.), cert. denied, 486 U.S. 1010 , 108 S.Ct. 1741 , 100 L.Ed.2d 204 (1…
- United States v. Walter M. Wolak, Jr., 923 F.2d 1193 (6th Cir. 1991).publishedAs the Fourth Circuit reasoned, “[b]y implication, the maximum penalty under the ACCA is life imprisonment.” United States v. Blannon, 836 F.2d 843, 845 (4th Cir.), cert. denied, 486 U.S. 1010 , 108 S.Ct. 1741 , 100 L.Ed.2d 204 (1988) (uph…
- United States v. Harrison Jude, 914 F.2d 249 (4th Cir. 1990).unpublishedE.g., United States v. Blannon, 836 F.2d 843, 845 (4th Cir.), cert. denied, 486 U.S. 1010 (1988); United States v. Schocket, 753 F.2d 336, 341 (4th Cir.1985); United States v. Norris, 749 F.2d 1116, 1122 (4th Cir.1984), cert. denied, 471 U…
- United States v. Michael E. Carey, 898 F.2d 642 (8th Cir. 1990).published United States v. Blannon, 836 F.2d 843, 845 (4th Cir.) (statute which imposes no upper limit has a maximum penalty of life imprisonment), cert. denied, 486 U.S. 1010 , 108 S.Ct. 1741 , 100 L.Ed.2d 204 (1988).
- United States v. Richard M. Mitchell, 39 F.3d 465 (4th Cir. 1994).published([A] court may not manufacture an ambiguity in order to defeat Congress' intent.)
- United States v. Marcus Stephen Lego, 855 F.2d 542 (8th Cir. 1988).publishedSee United States v. Blannon, 836 F.2d 843, 845 (4th Cir.), cert. denied, — U.S. -, 108 S.Ct. 1741 , 100 L.Ed.2d 204 (1988). 4 The district court is vested with broad discretion in sentencing, and if the sentence is within the statutory li…
- United States v. Johnie M. Owens, 902 F.2d 1154 (4th Cir. 1990).publishedWe have “consistently endorsed the view that a sentence fixed within the limits approved by Congress will not be reviewed on appeal in the absence of extraordinary circumstances.” United States v. Schocket, 753 F.2d 336, 341 (4th Cir.1985)…
At page 844 Analyzing ACCA's effect on firearm possession offense11 citing casesrejecting the defendant’s argument that the ACCA stated an offense
- United States v. Donald Lee Presley, 52 F.3d 64 (4th Cir. 1995).published Here, dangerousness to the community was sufficiently shown, and under ACCA, the crimes here are offenses for which the maximum sentence is life imprisonment, see 18 U.S.C. 924(e) (defining minimum sentence as 15 years and not stating a ma…
- United States v. Brady Leon Beck, Jr., 957 F.3d 440 (4th Cir. 2020).published(rejecting the defendant’s argument that the ACCA stated an offense)
- United States v. Warren James Bland, 961 F.2d 123 (9th Cir. 1992).published See United States v. Tisdale, 921 F.2d 1095, 1100 (10th Cir.1990), cert. denied, — U.S.-, 112 S.Ct. 596 , 116 L.Ed.2d 619 (1991); United States v. Lego, 855 F.2d 542, 546 (8th Cir.1988); United States v. Blannon, 836 F.2d 843, 844-45 (4th…
- United States v. David D. Schoolcraft, 879 F.2d 64 (3d Cir. 1989).published United States v. Rumney, 867 F.2d 714, 718 (1st Cir.1989); United States v. Blannon, 836 F.2d 843, 844-45 (4th Cir.), cert. denied, — U.S. -, 108 S.Ct. 1741 , 100 L.Ed.2d 204 (1988); United States v. Affleck, 861 F.2d 97, 99 (5th Cir.1988)…
- United States v. Jose Lopez Quintero, A/K/A Joe Lopez Quintero, 872 F.2d 107 (5th Cir. 1989).publishedSee United States v. Rumney, 867 F.2d 714 (1st Cir.1989); United States v. Hawkins, 811 F.2d 210, 220 (3d Cir.), cert. denied, — U.S. -, 108 S.Ct. 110 , 98 L.Ed.2d 69 (1987); United States v. Blannon, 836 F.2d 843, 844-45 (4th Cir.), cert.…
- United States v. Arthur W. Rumney, 867 F.2d 714 (1st Cir. 1989).publishedCloyd v. United States, — U.S. -, 108 S.Ct. 2910 , 101 L.Ed.2d 942 (1988); United States v. Blannon, 836 F.2d 843, 844-45 (4th Cir.), cert. denied, — U.S. -, 108 S.Ct. 1741 , 100 L.Ed.2d 204 (1988); United States v. West, 826 F.2d 909, 911…
- United States v. Darrell I. Lowe, 860 F.2d 1370 (7th Cir. 1988).publishedUnited States v. Gregg, 803 F.2d 568, 570 (10th Cir.1986), cert. denied, 480 U.S. 920 , 107 S.Ct. 1379 , 94 L.Ed.2d 693 (1987); United States v. Hawkins, 811 F.2d 210, 220 (3d Cir.), cert. denied, — U.S. -, 108 S.Ct. 110 , 98 L.Ed.2d 69 (1…
- United States v. Clayton, No. 96-4031 (4th Cir. June 23, 1997).unpublishedSee United States v. Blannon, 836 F.2d 843, 844-45 (4th Cir. 1988).
- Almond v. United States, 854 F. Supp. 439 (W.D. Va. 1994).publishedSee United States v. Blannon, 836 F.2d 843, 844-45 (4th Cir.) (holding that elements of statute which became § 924(e) need not be reflected in indictment for crime charged), cert. denied, 486 U.S. 1010 , 108 S.Ct. 1741 , 100 L.Ed.2d 204 (1…
- United States v. Eugene Aldon Gregg, 9 F.3d 1544 (4th Cir. 1993).unpublishedSee United States v. Blannon, 836 F.2d 843, 844-45 (4th Cir. 1988) 4 This report is not part of the record on appeal, if at all.
Show 1 more citing case
- United States v. Crawford, 815 F. Supp. 920 (E.D. Va. 1993).publishedSee, e.g., United States v. Blannon, 836 F.2d 843, 844-45 (4th Cir.) (examining those factors in holding that Armed Career Criminal Act of 1984 created only a sentence enhancement, not a new offense), cert. denied, 486 U.S. 1010 , 108 S.Ct…
Other citing cases
- United States v. Lawrence A. Saffeels, 39 F.3d 833 (8th Cir. 1994).published
v.
Walter James BLANNON, Defendant-Appellant
Walter James Blannon appeals his sentence of twenty-three years without parole following a jury conviction on charges of possession of a firearm by a felon in violation of 18 U.S.C.App. II § 1202(a)(1), as amended by the Armed Career Criminal Act of 1984 (“ACCA”). Finding this appeal to be without merit, we affirm.
I.
Blannon entered a plea of not guilty to a one-count indictment charging him with having been convicted of a felony and knowingly possessing a firearm shipped in interstate commerce. Prior to the trial the government filed an information which served the defense with notice that the government would seek an enhanced punishment under the ACCA. [1] The evidence then adduced at trial revealed that on October 20, 1986, Baltimore City police officers observed Blannon place a handgun in his coat pocket after exiting an alley. The officers approached Blannon, searched him and recovered a .32 caliber revolver loaded with seven live cartridges. The serial number on the weapon had been obliterated. A firearms expert was able to reconstruct five of the six serial numbers and it was determined that the firearm was manufactured in Maryland and distributed in Florida. Evidence was also presented at trial that Blannon had been arrested nineteen times between the ages of fourteen and eighteen and had three prior burglary/robbery convictions. The jury returned a verdict of guilty and the district court sentenced Blannon to twenty-three years imprisonment without eligibility for parole.
II.
Blannon contends on appeal that the ACCA created a new offense, not merely an enhancement of the two-year sentence previously provided in 18 U.S.C. § 1202(a)(1). He contends that unless all of the elements of the offense are charged in an indictment and proved beyond a reasonable doubt, the sentence imposed would violate his fifth amendment due process rights. Blannon also contends that the trial court abused its discretion when it sentenced him to twenty-three years in prison without parole. As a final point on appeal, Blannon argues that the trial court should have applied the Rule of Lenity in sentencing him. Finding no merit to any of these claims, we address them seriatim.
The government argued below and in this appeal that the ACCA created only an enhanced punishment that could be imposed when a defendant was properly convicted for the substantive offense of being a felon in possession, and three prior convictions were established before the sentencing judge. We are persuaded by the government’s argument. Several other circuits have decided this identical issue. The Tenth, Third and D.C. Circuits have all held that the ACCA did not establish a separate federal offense, which must be proven beyond a reasonable doubt. See United States v. Gregg, 803 F.2d 568 (10th Cir.1986); United States v. Hawkins, 811 F.2d 210 (3rd Cir.1987); and United States ¶. Jackson, 824 F.2d 21 (D.C.Cir.1987). Only the Fifth Circuit has reached the opposite conclusion in United States v. Davis, 801 F.2d 754 (5th Cir.1986). We decline to follow the Fifth Circuit and instead join the majority of the circuits that have considered the issue. We agree with the district court that an examination of the statutory language, structure, and legislative history, clearly indicates that the ACCA[*845] created only an enhanced sentencing provision.
We find no indication that the district court abused its discretion when it sentenced Blannon to twenty-three years in prison. The ACCA requires a sentencing judge to sentence a defendant to a minimum mandatory sentence of fifteen years imprisonment without parole. The statute imposes no upper limit. By implication, the maximum penalty under the ACCA is life imprisonment. Cf. United States v. Bridges, 760 F.2d 151 (7th Cir.1985). The twenty-three year sentence was therefore within the statutory parameters granted by Congress. A trial judge is vested with broad discretion in sentencing, and if the sentence is within the statutory limits it will not be reviewed in the absence of extraordinary circumstances. United States v. Norris, 749 F.2d 1116 (4th Cir.1984). We can find no extraordinary circumstances here to warrant review of the district court. Moreover, the district court specifically set out reasons for imposing the twenty-three year sentence. [2]
Blannon’s final contention on appeal is equally without merit. Blannon argues that the language of the ACCA is ambiguous and therefore the trial court should have applied the “Rule of Lenity.” In Bifulco v. United States, 447 U.S. 381, 100 S.Ct. 2247, 65 L.Ed.2d 205 (1980), the Supreme Court held that the policy of lenity “means that the court will not interpret a federal criminal statute so as to increase the penalty that it places on an individual when such an interpretation can be no more than a guess as to what Congress intended.” However, a court may not manufacture an ambiguity in order to defeat Congress’ intent. We are satisfied that Congress clearly intended to incapacitate and to punish severely persons convicted of violating the ACCA. We, therefore, find no ambiguity in the statute which would require the application of the “Rule of Lenity.”
III.
For all the foregoing reasons, we affirm the judgment of the district court.
AFFIRMED.
. 18 U.S.C.App. 1202(a) carried a two-year sentence for possession of a firearm by a convicted felon. The Armed Career Criminal Act of 1984 amended 18 U.S.C.App. 1202(a) by adding the following sentence:
In the case of a person who receives, possesses, or transports in commerce or affecting commerce any firearm and who has three previous convictions by any court referred to in paragraph (1) of this subsection for robbery or burglary, or both, such person shall be fined not more than $25,000 and imprisoned not less than fifteen years, and, notwithstanding any other provision of law, the court shall not suspend the sentence of, or grant a probationary sentence to, such person with respect to the conviction under this subsection, and such person shall not be eligible for parole with respect to the sentence imposed under this subsection.
. The court stated that it wished to incapacitate the appellant to prevent him from committing crimes and that incapacitation had always been viewed as one of the appropriate ends of punishment.