Monday, August 29, 2011

Third Circuit -- USA v. Leonard Gibbs

State statute barring wearing of body armor is a serious drug offense ACCA predicate.

Modified categorical approach, the indictment is in under Shepard, and it reveals the underlying offense to be possession of cocaine with intent to distribute.

No notice issue as insufficiently vague or unexpected.

USA v. Leonard Gibbs
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.