Judge Paul Crotty
The indictment charging Jackson with being a felon in possession of a firearm cited three prior state court drug sale convictions underlying the Armed Career Criminal Act's (ACCA) invocation. The ACCA would impose a minimum 15-year prison sentence. Jackson sought a pretrial ruling whether the ACCA's sentencing enhancements will be determined based on the sentences applicable at the time of his prior convictions or their maximum sentences today. The court found Jackson's challenge ripe. It was unclear how the public interest would be served by refusing to inform Jackson of the mandatory minimum sentence he faced unless, until, he pleads guilty. Distinguishing United States v. Rivera, the court held that Jackson's prior convictions did not trigger ACCA's sentence enhancements. Jackson's position was similar to that in McNeill v. United States, in which the Supreme Court held that in applying the ACCA, "a federal sentencing court must determine whether 'an offense under state law' is a 'serious drug offense' by consulting the 'maximum term of imprisonment' applicable to a defendant's previous drug offense at the time of the defendant's state conviction for that offense."
