United States v. Albert Young

Albert Young appeals his 235 month sentence under the United States Sentencing Guidelines (“U.S.S.G.”) following his jury conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). Young argues (1) that the district court erred by sentencing him under the Armed Career Criminal provision, U.S.S.G. § 4B1.4, because one of the prior convictions considered by the district court previously had been ruled constitutionally invalid, and (2) that the district court erroneously believed it did not have the authority to depart downward to the 15 year minimum of 18 U.S.C. § 924 (e). We affirm.

I.

In 1991, Young was convicted of being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). Young’s prior convictions included rape, felony armed robbery, arson, assault with a deadly weapon, and assault on a peace officer. Given Young’s criminal history, the government filed a notice of intention to seek enhanced penalties pursuant to the Armed Career Criminal Statute, 18 U.S.C. § 924 (e)(1). Pursuant to its obligation under § 924(e)(1), the government identified three previous incidents where Young had been convicted of violent felonies or…