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: Fifth Circuit Blog

Cert Grant: Under ACCA, Is Maximum Punishment for Prior Offense Determined By Current Law or By Law In Effect at the Time of That Offense?

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Under the ACCA, a "serious drug offense" is one carrying a maximum term of imprisonment of at least 10 years. In determining whether a prior offense is a serious drug offense, does the court look at the maximum punishment authorized at the time the defendant committed the offense, or at the time of sentencing for the new federal offense? That is the question on which the Supreme Court granted

Full post as published by Fifth Circuit Blog on January 14, 2011 (boomark / email).

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United States v. Rodriguez - ACCA Predicates Computed on Enhanced Maximum Sentence

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