United States v. Abbott, No. 14-3237 (8th Cir. 2015)
Annotate this CaseOfficers stopped Abbott's vehicle because its license plate had three active arrest warrants associated with it. They arrested Abbott after they confirmed that he had an active arrest warrant. Abbott orally consented to the search of his vehicle. Officers recovered a pistol underneath the driver's seat; a canine officer located 11.5 grams of marijuana in the center console. Later that day, Abbott consented to a custodial interview during which he admitted that he had bought the pistol for protection and placed it under the seat. Abbott pleaded guilty to being a felon in possession of a firearm, 18 U.S.C. 922(g)(10, without a plea agreement. The court found that Abbott had the necessary three predicate "serious drug offense[s]" and applied the Armed Career Criminal Act, 18 U.S.C. 924(e)(2)(A). Abbott argued that two of his prior offenses should count as one offense for ACCA purposes because they were a part of the same criminal episode. On June 8, 2004, Abbott sold .4 grams of cocaine base to an undercover detective; the next day, Abbott sold .28 grams of cocaine base to the same detective. The court stated: "They're different sales on different days" and sentenced Abbott to the statutory minimum of 180 months' imprisonment. The Eighth Circuit affirmed.
Court Description: Per Curiam - Before Wollman, Smith and Benton, Circuit Judges] Criminal case - Sentencing. District court did not err in finding convictions for drug sales on two different dates where separate predicate offenses under the Armed Career Criminal Act.
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