United States v. Rodriquez
Encyclopedia
United States v. Rodriquez, 553 U.S. 377 (2008), 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 defendant's prior record will bear on how the determination is made. Justice David Souter
dissented.
and was later apprehended in possession of heroin and a pistol
. Prosecutors argued that Rodriquez was subject to the Armed Career Criminal Act
(ACCA), which applies to those convicted of being a felon in possession of a firearm if they have a total of three previous convictions for violent felonies or serious drug offenses. Rodriquez had two California
burglary
convictions. Prosecutors argued that the third required conviction was supplied by Rodriquez’s Washington state
drug offenses. Although none of the three drug convictions, on their own, was considered "serious," the second and third were repeat offenses and were punishable by ten-year sentences, which qualify as serious under ACCA.
for possession of a firearm by a convicted felon, in violation of the ACCA. The District Court held that respondent's drug-trafficking convictions were not convictions for "serious drug offense[s]" under ACCA because the "maximum term of imprisonment" is determined without reference to recidivist enhancements. On appeal, the Court of Appeals for the Ninth Circuit affirmed, holding that "the maximum term of imprisonment ... prescribed by law" must be determined without taking recidivist enhancements into account. The Supreme Court granted certiorari
.
when the underlying offense is not considered grave, but carries a high prison sentence because it was not the first crime the defendant committed?
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case interpreting the Armed Career Criminal Act
Armed Career Criminal Act
The Armed Career Criminal Act of 1984 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....
. Justice Samuel Alito
Samuel Alito
Samuel Anthony Alito, Jr. is an Associate Justice of the U.S. Supreme Court. He was nominated by President George W. Bush and has served on the court since January 31, 2006....
, writing for the 6–3 majority, ruled that although the elements of a crime may not be considered "serious," sentence enhancements related to a defendant's prior record will bear on how the determination is made. Justice David Souter
David Souter
David Hackett Souter is a former Associate Justice of the Supreme Court of the United States. He served from 1990 until his retirement on June 29, 2009. Appointed by President George H. W. Bush to fill the seat vacated by William J...
dissented.
Overview
The respondent, Gino Rodriquez, was released from prison in 2004. Soon thereafter, he violated the terms of his paroleParole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
and was later apprehended in possession of heroin and a pistol
Pistol
When distinguished as a subset of handguns, a pistol is a handgun with a chamber that is integral with the barrel, as opposed to a revolver, wherein the chamber is separate from the barrel as a revolving cylinder. Typically, pistols have an effective range of about 100 feet.-History:The pistol...
. Prosecutors argued that Rodriquez was subject to the Armed Career Criminal Act
Armed Career Criminal Act
The Armed Career Criminal Act of 1984 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....
(ACCA), which applies to those convicted of being a felon in possession of a firearm if they have a total of three previous convictions for violent felonies or serious drug offenses. Rodriquez had two California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
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...
convictions. Prosecutors argued that the third required conviction was supplied by Rodriquez’s Washington state
Washington State
Washington State may refer to:* Washington , often referred to as "Washington state" to differentiate it from Washington, D.C., the capital of the United States* Washington State University, a land-grant college in that state- See also :...
drug offenses. Although none of the three drug convictions, on their own, was considered "serious," the second and third were repeat offenses and were punishable by ten-year sentences, which qualify as serious under ACCA.
Procedural history
Rodriquez was convicted in the United States District Court for the Eastern District of WashingtonUnited States District Court for the Eastern District of Washington
The United States District Court for the Eastern District of Washington is the Federal district court whose jurisdiction comprises the following counties of the state of Washington: Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln,...
for possession of a firearm by a convicted felon, in violation of the ACCA. The District Court held that respondent's drug-trafficking convictions were not convictions for "serious drug offense[s]" under ACCA because the "maximum term of imprisonment" is determined without reference to recidivist enhancements. On appeal, the Court of Appeals for the Ninth Circuit affirmed, holding that "the maximum term of imprisonment ... prescribed by law" must be determined without taking recidivist enhancements into account. The Supreme Court granted certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
.
Issue
Does a crime qualify as "serious" for purposes of the Armed Career Criminal ActArmed Career Criminal Act
The Armed Career Criminal Act of 1984 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....
when the underlying offense is not considered grave, but carries a high prison sentence because it was not the first crime the defendant committed?
Opinion of the Court
Justice Alito, writing for the Court, reversed, holding that the most straightforward reading of ACCA is that the sentence, as enhanced by relevant law, is the "sentence" referred to in the statute. As such, Rodriquez's drug offense counts as a "serious" crime, and as the third such crime he committed. "In sum, a straightforward application of the language of ACCA leads to the conclusion that the 'maximum term of imprisonment prescribed by law' in this case was 10 years."Dissent
Justice Souter wrote a dissent, in which Justices Ginsburg and Stevens joined. Souter wrote that the text of ACCA was ambiguous, and in such cases the traditional rule of construction was to apply lenity in criminal statutes.External links
- United States v. Rodriquez at supremecourt.gov (docket information)
- full text (HTML with links to precedent, statutes, and U.S. Constitution)