United States v. Willy Elmer Sweeten

We must review the district court’s decision not to enhance a convicted defendant’s sentence under the mandatory minimum-sentence provision of the Firearms Owners’ Protection Act, as amended by the Career Criminals Amendment Act of 1986 and the Anti-Drug Abuse Act of 1988. 18 U.S.C. § 924 (e) (1988) (original version enacted as part of the Armed Career Criminal Act of 1984). Because we agree with the government that the district court’s decision was in error, we vacate and remand for resen-tencing.

I

It is unlawful for any person “who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year to ... possess ... any firearm or ammunition.” Id. § 922(g)(1). The Firearms Owners’ Protection Act, as amended, imposes a mandatory minimum sentence upon “career criminals” who violate this law:

Id. § 924(e) (emphasis added).

On May 22, 1990, Willy Elmer Sweeten was convicted on his own plea of being a felon in possession of a firearm. At the time of sentencing, the government presented evidence of three predicate convictions and contended that Sweeten is an armed career criminal who qualifies for the mandatory minimum sentence under section…