McNeill v. United States (2010)
- Docket
- 10-5258
- Decided
- 2010-01-01
Summary
Question: Can a conviction under state law be treated as a serious drug offense for purposes of a longer sentence under the federal Armed Career Criminal Act, if the state law violated did not at the time of federal sentencing set a maximum prison term of at least 10 years, but had done so at the time the crime was committed? Conclusion: Yes. The Supreme Court affirmed the lower court order in a unanimous opinion by Justice Clarence Thomas. "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 prior state drug offense at the time of the defendant's conviction for that offense," Thomas wrote.