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US v. Johnson, No. 10-6066

By FindLaw Staff on November 02, 2010 1:50 PM

Armed Career Criminal Act Sentence Affirmed

In US v. Johnson, No. 10-6066, defendant's conviction and sentence for possession of a firearm after former conviction of a felony are affirmed where 1) the district court did not err in concluding that probable cause supported the search of defendant's automobile; and 2) because Missouri treated defendant's prior offenses of conviction as felony crimes, i.e., treated defendant as an adult, those convictions were properly counted as predicate offenses under the Armed Career Criminal Act.

As the court wrote:  "Defendant-appellant Johnson was charged with possession of a firearm after former conviction of a felony. After his motion to suppress was denied, the parties agreed to a non-jury trial on stipulated evidence. The district judge found the defendant guilty. At sentencing the judge found that defendant had three qualifying prior felonies under the Armed Career Criminal Act (ACCA) and imposed a fifteen-year sentence, which was the mandatory minimum under the ACCA, and ordered payment of a special assessment of $100.00 and four years of supervised release on release from imprisonment."

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