Impact of Rodriquez on Texas convictions?
Today the Supreme Court decided United States v. Rodriquez, which involved a sentence imposed under the Armed Career Criminal Act. Basically, that Act establishes a 15 year minimum sentence if the defendant has 3 prior qualifying convictions. The issue in the case was whether the defendant had a qualifying conviction for a "serious drug offense" . To qualify, the conviction has to be for an offense that has a maximum term of imprisonment of ten years or more. In the state of Washington, the offense the defendant was convicted of had maximum term of 5 years, unless the defendant had a prior conviction, where the maximum sentence was 10 years. The defendant had a prior conviction, but was only sentenced to 48 months. Thus, the issue was whether the recidivist provision should be considered in determining the maximum sentence.
The court held that you should use the maximum sentence that could be imposed, which was 10 years. The court also pointed out a distinction, which will apply in Texas. Where notice of an enhanced sentence must be given, as in Texas, the enhanced sentence is not applicable unless the notice has been given. For example, a 3rd degree felony can be enhanced to 2nd degree with a prior felony conviction. If no notice is given, then the maximum sentence for purposes of the ACCA would be that for a 3rd degree felony, which is 10 years. Of course, that is still 10 years or more, so it could still qualify if it meets the other criteria.
The bottom line is that this ruling is going to have little, if any, effect on using Texas convictions.
The court held that you should use the maximum sentence that could be imposed, which was 10 years. The court also pointed out a distinction, which will apply in Texas. Where notice of an enhanced sentence must be given, as in Texas, the enhanced sentence is not applicable unless the notice has been given. For example, a 3rd degree felony can be enhanced to 2nd degree with a prior felony conviction. If no notice is given, then the maximum sentence for purposes of the ACCA would be that for a 3rd degree felony, which is 10 years. Of course, that is still 10 years or more, so it could still qualify if it meets the other criteria.
The bottom line is that this ruling is going to have little, if any, effect on using Texas convictions.
