Armed Career Criminal Act
Encyclopedia
The Armed Career Criminal Act of 1984 (ACCA) is a United States federal law that provides sentence enhancements for felons who commit crimes with firearms, if convicted of certain crimes three or more times.
If a felon has been convicted more than twice of a "violent felony" or a "serious" drug crime, the Act provides a minimum sentence of fifteen years, instead of the ten-year maximum prescribed under the Gun Control Act. The Act provides for a maximum sentence of life imprisonment.
The ACCA was originally included with the Comprehensive Crime Control Act sponsored by the then Reagan Administration and enhanced the penalties for possession of firearms under the Gun Control Act for felons who had been convicted three times of robbery
or burglary
.
and in Chambers v. United States
.
The definition of a "serious" drug crime was considered and further defined by the Supreme Court in United States v. Rodriquez
. In Taylor v. United States, the Court was called upon to determine the meaning of the word "burglary" in ACCA and, specifically, whether a conviction in Missouri for second-degree burglary was, in fact, a predicate conviction. The court concluded that an offense constitutes "burglary" under 924(e) if, regardless of its exact definition or label, it has the basic elements of burglary.
If a felon has been convicted more than twice of a "violent felony" or a "serious" drug crime, the Act provides a minimum sentence of fifteen years, instead of the ten-year maximum prescribed under the Gun Control Act. The Act provides for a maximum sentence of life imprisonment.
History of ACCA
The ACCA has been through numerous revisions in Congress and has evolved considerably since its passage in 1984.The ACCA was originally included with the Comprehensive Crime Control Act sponsored by the then Reagan Administration and enhanced the penalties for possession of firearms under the Gun Control Act for felons who had been convicted three times of robbery
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
or burglary
Burglary
Burglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...
.
Cases involving the ACCA
The definition of "violent felony" in ACCA has recently been interpreted by the United States Supreme Court in Begay v. United StatesBegay v. United States
Begay v. United States, 553 U.S. 137 , is a United States Supreme Court case which held that felony driving while intoxicated is not a "violent felony" for purposes of the Armed Career Criminal Act.-Facts:...
and in Chambers v. United States
Chambers v. United States
Chambers v. United States, No. 06-11206 , was a recent case in which the Supreme Court of the United States held that failing to report for incarceration does not qualify as a "violent felony" for the purposes of the Armed Career Criminal Act ....
.
The definition of a "serious" drug crime was considered and further defined by the Supreme Court in United States v. Rodriquez
United States v. Rodriquez
United States v. Rodriquez, 553 U.S. 377 , was a United States Supreme Court case interpreting the Armed Career Criminal Act. Justice Samuel Alito, writing for the 6–3 majority, ruled that although the elements of a crime may not be considered "serious," sentence enhancements related to a...
. In Taylor v. United States, the Court was called upon to determine the meaning of the word "burglary" in ACCA and, specifically, whether a conviction in Missouri for second-degree burglary was, in fact, a predicate conviction. The court concluded that an offense constitutes "burglary" under 924(e) if, regardless of its exact definition or label, it has the basic elements of burglary.