Argued December 1, 2014.
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 10 CR 983 -- Gary S. Feinerman, Judge.
For United States of America, Plaintiff -- Appellee: Helene B. Greenwald, Office of The United States Attorney, Chicago, IL.
For David Lockett, Defendant - Appellant: Kristen N. Nelson, Nelsonhill Law, LLC, Cedarburg, WI.
Before BAUER, KANNE, and HAMILTON, Circuit Judges.
Bauer, Circuit Judge.
Defendant-appellant, David Lockett (" Lockett" ), pleaded guilty to one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The district court sentenced Lockett under the Armed Career Criminal Act (" ACCA" ), 18 U.S.C. § 924(e)(1), to fifteen years' imprisonment--the mandatory minimum under the Act. On appeal, Lockett challenges the application of the ACCA, arguing that the district court erred in finding that certain drug convictions qualified as predicates under the ACCA. In addition, he argues that even if his drug convictions implicate the ACCA, none can serve as predicates because of the restoration of civil rights letter he received. For the reasons that follow, we reverse the district court's decision and remand for resentencing.
Lockett has an extensive criminal history. In 1979, Lockett was arrested for armed robbery. In 1981, he pleaded guilty to the lesser included offense of robbery and was sentenced to thirty months' probation. In 1982, he violated his probation when he pleaded guilty to unlawful use of a weapon. In 1984, he pleaded guilty to possession of heroin. In 1990, he was arrested for and pleaded guilty to armed violence and to several counts of distribution and possession with intent to distribute heroin. The 1990 drug convictions were Class 2 and 3 felonies, carrying seven and five years' imprisonment, respectively. Because of his criminal history, however, Lockett would have been subject to a maximum prison term of " twice the maximum term otherwise authorized" for each of the 1990 drug convictions, which would bring his maximum sentences to fourteen and ten years' imprisonment. See 720 Ill. Comp. Stat. 570/408(a). Nevertheless, he was ultimately sentenced to four years' imprisonment for the 1990 drug convictions, and was paroled in February 1992.
While on parole, he was arrested and charged with three additional drug offenses;
once in 1992 and twice in 1993. He pleaded guilty to all three charges in 1993 and received three years' imprisonment to run concurrently. While serving that sentence, he completed the sentence related to his 1990 drug convictions. He completed his 1993 sentence in September 1995.
In 1997, he was arrested for delivery of cocaine. He pleaded guilty to that charge in 1998 and received seven years' imprisonment. After his release from the 1998 sentence, Lockett was arrested in 2003, this time for attempt to possess a controlled substance. He pleaded guilty and ...