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SCOTUS defines “serious drug offense” for purposes of ACCA’s mandatory minimum sentence

Shular v. United States, USSC 18-6662, affirming an unpublished 11th Circuit Court of Appeals opinion; SCOTUSblog page (includes links to briefs and commentary)

The issue in this case was whether Shular, a felon in possession of a firearm, had been convicted of 3 or more “serious drug offenses” under state law. If so, he would receive a mandatory 15-year term of imprisonment under the Armed Career Criminal Act (ACCA). SCOTUS rejected Shular’s contention that a state offense qualifies as a serious drug offense if it matches a generic definition of the offenses in Section 924(e)(2)(A)(ii). Matching is not required. The state offense only has to “involve” or “necessarily require” the conduct specified in ACCA. For more read the SCOTUSblog post.

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