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US v. Rodriquez
No. 06-1646


    United States v. Gino Gonzaga Rodriquez


    The Armed Career Criminal Act, Recidivist Laws, Sentencing


    The Armed Career Criminal Act of 1984, 18 U.S.C. section 924(e) (2000 & Supp. IV 2004), provides for an enhanced sentence for felons convicted of possession of a firearm, if the defendant has three prior convictions for, inter alia, a state-law controlled substance offense "for which a maximum term of imprisonment of ten years or more is prescribed by law." 18 U.S.C. section 924(e)(2)(A)(i). The question presented is:

  • Whether a state drug-trafficking offense, for which state law authorized a ten-year sentence because the defendant was a recidivist, qualifies as a predicate offense under the Armed Career Criminal Act, 18 U.S.C. section 924(e) (2000 & Supp. IV 2004).



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Counsel of Record

For Petitioner:

Paul D. Clement
Solicitor General
United States Department of Justice
Washington, DC

For Respondent:

Andrew J. Pincus
Mayer Brown LLP
Washington, DC


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