Criminal law - First Circuit upholds constitutionality of juvenile convictions as predicate offenses under the Armed Career Criminal Act.
Suffolk University Law Review › Vol. 41 Nbr. 2, March 2008
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Criminal law - First Circuit upholds constitutionality of juvenile convictions as predicate offenses under the Armed Career Criminal Act.
Criminal Law--First Circuit Upholds Constitutionality of Juvenile Convictions as Predicate Offenses Under the Armed Career Criminal Act--United States v. Matthews, 498 F.3d 25 (1st Cir. 2007)
The Armed Career Criminal Act (ACCA) is a recidivist statute that punishes repeated criminal behavior. (1) Specifically, the ACCA enhances the minimum penalty for those who unlawfully possess firearms and have a history of prior felony convictions. (2) To constitute a predicate felony conviction under ACCA, the prior convictions must have resulted from a crime involving violence or a serious drug offense. (3) In United States v. Matthews, (4) the United States Court of Appeals for the First Circuit considered whether using a criminal defendant's prior juvenile adjudication as a sentencing enhancement under the ACCA offends the Constitution. (5) The First Circuit held that the ACCA's sentencing enhancement based on prior juvenile adjudications does not violate a defendant's right to due process of law. (6) On August 11, 2003, plain-clothed officers patrolled the streets of Boston's Roxbury neighborhood. (7) The officers observed Larry Matthews and others drinking alcohol outside of a housing project. (8) Upon seeing the officers approach in an unmarked cruiser, Matthews, a previously-convicted felon, adjusted his pants to secure a concealed item. (9) When one of the officers called out to Matthews by name, he immediately ran away. (10) During the ensuing chase, officers found a .22-caliber handgun underneath a mat outside the apartment where Matthews sought refuge. (11) The police arrested Matthews and the government charged him with the crime of being a felon in possession of a firearm. (12) After a jury found Matthews guilty, the judge sentenced him to fifteen years in prison. (13) The trial judge applied the ACCA's enhanced penalty provision because Matthews had three prior felony convictions,...See the full content of this document
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