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924(e)?s definition of ?serious drug offense? (ACCA) encompasses attempt, and the attempt and accomplice provisions of Pennsylvania?s possession with intent to distribute statute, 35 Pa. Stat. Ann § 780-113(a)(30), are co-extensive with federal law for purposes of the categorical approach

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

In United States v. Daniels, Appeal No. 17-3503 (Feb. 7, 2019), https://www2.ca3.uscourts.gov/opinarch/173503p.pdf, the Third Circuit affirmed a 15-year mandatory minimum sentence under ACCA, 18 U.S.C. § 924(e)( 2)(A)(ii), based on Daniels?s three Pennsylvania convictions for possession with intent to distribute, 35 Pa. Stat. Ann § 780-113(a)(30). Subsection (a)(30) prohibits ?the manufacture, delivery, or possession with intent to manufacture or deliver, a controlled substance.? The Pennsylvania and federal definitions of delivery are nearly identical and both Pennsylvania and federal law include provisions for attempt and accomplice liability. United States v. Glass, 904 F.3d 319 (3d Cir. 2018) (citing 21 U.S.C. § 802(8) and 21 U.S.C...continue to full post

Full post as published by Third Circuit Blog on February 10, 2019 (boomark / email).