United States v. Henderson

Detectives spotted Henderson, with a firearm, on school property. After he was arrested, Henderson pled guilty to possession of a firearm as a convicted felon, 18 U.S.C. 922(g)(1) and 924(e)(1). Henderson’s Presentence Investigation Report revealed that Henderson had at least three qualifying convictions for serious drug offenses within the meaning of the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e). Henderson objected to the classification of two of his prior convictions as serious drug offenses. The district court disagreed, referencing charging instruments and other pertinent documents, to find that Henderson had separate convictions under 35 Pa. Stat 780-113(a)(30), for possession with intent to deliver cocaine in 2002; possession with intent to deliver cocaine in 2004; and possession with intent to deliver heroin in 2009. Henderson was sentenced to the mandatory minimum prison term of 15 years. The Third Circuit affirmed, finding that the Pennsylvania statute is “divisible” and subject to the modified categorical approach in light of the Supreme Court’s 2016 decision in Mathis v. United States, and that the district court properly used the modified categorical approach to determine that Henderson had three qualifying predicate offenses under ACCA. View "United States v. Henderson" on Justia Law