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Eleventh Circuit rejects notable ACCA selective prosecution claim

By Douglas A. Berman

The Eleventh Circuit today in US vs Jordan, No. 10-11534 (11th Cir. March 16, 2011) (available here) rejects an interesting selective prosecution claim brought by a Georgia defendant asserting that "prosecutors in the Northern District of Georgia target African Americans for prosecution under the Armed Career Criminal Act."  Here is the heart of the panel's discussion of the claim: The district court correctly denied Jordan?s motion to dismiss for selective prosecution because, at the very least, he failed to establish discriminatory effect.  As the record shows, Jordan was convicted of possession of a firearm and subject to the Armed Career Criminal Act sentencing enhancement under 18 U.S.C. § 924(e)(1), because he had been convicted of at least three prior qualifying convictions for purposes of the ACCA...continue to full post

Full post as published by Sentencing Law and Policy on March 16, 2011 (boomark / email).