United States v. Sellers

Sellers was sentenced to 15 years’ imprisonment for being a felon in possession of a firearm and ammunition under 26 18 U.S.C. 922(g)(1) and under 18 U.S.C. 924(e)(1) of the Armed Career Criminal Act (ACCA). The Second Circuit remanded for resentencing. Application of the ACCA was error. Sellers’s 2001 state conviction for criminal sale of a controlled substance did not qualify as one of the “three previous convictions” necessary to apply the ACCA because he was adjudicated as a youthful offender for that offense under New York law, 18 U.S.C. 924(e)(1). The youthful offender designation “set aside” the conviction. View "United States v. Sellers" on Justia Law