Sentencing Guidelines – Armed Career Criminal Act Violation

By: Derek Hawkins//November 19, 2019//

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7^th Circuit Court of Appeals

Case Name: Daniel C. Portee v. United States of America

Case No.: 18-1034

Officials: BAUER, FLAUM, and MANION, Circuit Judges.

Focus: Sentencing Guidelines – Armed Career Criminal Act Violation

Daniel Portee pleaded guilty to possession of a firearm by a convicted felon. He received a 15‐year mandatory‐minimum sentence under the Armed Career Criminal Act. In Johnson’s wake, Portee challenged his sentence. He argues he lacks enough qualifying felony convictions to trigger the ACCA. The government argues he has four ACCA‐qualifying felony convictions. Three suffice. We conclude two felony convictions proposed by the government do not satisfy the ACCA, so we reverse and remand.

Reversed and remanded

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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