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eBook details

• Title: United States v. Mahon
• Author : United States Court of Appeals
• Release Date : January 21, 2006
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

John Mahon pled guilty to a two-count indictment that charged him with being a felon in possession of a firearm and with making a false statement in attempting to reacquire that firearm. He was sentenced under the then-mandatory United States Sentencing Guidelines to 210 months of imprisonment, but was given an alternate sentence of 180 months in the event that the Guidelines were later determined to be unconstitutional. On appeal, Mahon contends that the enhancement of both sentences pursuant to the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), violated his Sixth Amendment rights under United States v. Booker, 125 S.Ct. 738 (2005). Mahon specifically objects to the district courts finding that two of his prior convictions constitute "violent felonies," thereby subjecting him to a mandatory minimum sentence of 15 years under the ACCA. He also argues that the application of the ACCA in this case is fundamentally unfair. For the reasons set forth below, we AFFIRM the district courts application of the ACCA, but VACATE Mahons sentence and REMAND the case for imposition of the 180-month alternate sentence.

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