Blanton

ORDER GRANTING DEFENDANT’S RULE 29 MOTION

This matter has come before the court on the motion by Defendant Domanique Blanton for a judgment of acquittal pursuant to Rule 29 of the Federal Rules of Criminal Procedure for the fifteen-year Armed Career Criminal Act (“ACCA”) enhancement sought against him by the Government under 18 U.S.C. § 924 (e)(1). Defendant bases his motion on his assertion that United States v. Tighe precludes the use of juvenile adjudications as predicate offenses for an ACCA enhancement. The Government opposes.

Procedural Background

On March 5, 2004, Defendant was indicted on one count of possessing a firearm and ammunition as a convicted felon in violation of 18 U.S.C. § 922 (g)(1). The indictment also alleged an enhancement pursuant to ACCA, 18 U.S.C. § 924 (e)(1), on the basis that Defendant has four prior convictions for violent felonies, three of which are juvenile adjudications.

Specifically, the indictment alleged that Defendant was previously convicted for one violent felony as defined in 18 U.S.C. § 924 (e)(2)(B) for his November 29, 1999 conviction for assault with a deadly weapon in violation of Cal. PemCode § 245(a)(1). The indictment also…