United States v. Joe Sherman Maxey

Joe Sherman Maxey appeals his sentence to a mandatory minimum term of 15 years’ imprisonment pursuant to 18 U.S.C. § 924 (e) imposed after conviction by jury trial of unlawful possession of a firearm by a felon, a violation of 18 U.S.C. § 922 (g)(1). The district court had jurisdiction under 18 U.S.C. § 3231 , and this Court has jurisdiction over Maxey’s timely appeal pursuant to 18 U.S.C. § 3742 . We affirm.

I

Joe Maxey was arrested at a traffic stop as a passenger in a car after approaching police saw him drop a handgun out of the window. Maxey was convicted by jury trial of unlawful receipt of a firearm by a felon, in violation of 18 U.S.C. § 922 (g)(1). The indictment also alleged that Maxey had three previous convictions for violent felonies or serious drug offenses committed on different occasions, subjecting him to an enhanced sentence under the Armed Career Criminal Act. See 18 U.S.C. § 924 (e)(1) (1988). Finding three convictions, the district court sentenced Maxey to 15 years’ imprisonment.

The government relied on three previous convictions to establish Maxey’s eligibility for sentence enhancement under section 924(e):

Maxey has no other convictions which would…