United States District Court, D. Idaho
MEMORANDUM DECISION AND ORDER
C. Nye Chief U.S. District Court
before the Court is Defendant Michael Davis' objection to
the Presentence Investigation Report's designation of him
as an armed career criminal under 18 U.S.C. § 924(e).
Dkt. 26. As outlined below, the Court finds that Davis'
conviction for delivery of a controlled substance under Idaho
Code § 37-2732(a)(1)(A) constitutes a serious drug
offense within the meaning of the Armed Career Criminal Act
(“ACCA”). Accordingly, Davis' objection is
OVERRULLED, his designation as an armed career criminal
stands, and he will receive the appropriate enhancement.
February 14, 2018, the Grand Jury indicated Davis on one
count of unlawful possession of a firearm in violation of 18
U.S.C. § 922(g)(1), one count of possession with intent
to distribute methamphetamine in violation of 21 U.S.C.
§ 841(a)(1), one count of distribution of
methamphetamine in violation of 21 U.S.C. § 841(a)(1)
and one count of distribution of marijuana in violation of 21
U.S.C. 841(a)(1). Dkt. 1. On May 15, 2018, Davis entered a
guilty plea to counts one and two of the Indictment and
agreed to the drug forfeiture contained in the Indictment.
2, 2018, the United States Probation Office issued its
Initial Presentence Investigation Report (“PSR”)
recommending an adjusted offense level of 30 and a four-point
enhancement for having at least three prior felonies of
either a crime of violence or a serious drug offense. The
probation officer classified Davis as an armed career
criminal under 18 U.S.C. § 924(e). Dkt. 30 at 5.
Combined with the three-points in reductions for accepting
responsibility and timely notifying authorities of his
intention to enter a guilty plea, the Probation Office
recommended Davis receive a total offense level of 31.
objected to his designation as an Armed Career Criminal
arguing that his Idaho conviction for Delivery of a
Controlled Substance under §37-2732(a)(1)(A) does not
categorically qualify as a “serious drug offense”
within the meaning of the ACCA.
government responded, arguing that a conviction under Idaho
Code §37-2732(a)(1)(A), delivery of a controlled
substance, is an offense involving the distribution of a
controlled substance which qualifies as a “serious drug
offense” under the ACCA and asking that Davis'
objection be overruled. The United States Probation Office
addressed Davis' objection in an Addendum to the PSR but
did not make any changes to the original PSR calculations.
Court was originally scheduled to sentence Davis on November
20, 2018. After hearing oral argument from both parties, the
Court continued the sentencing to issue a written decision on
Davis' objection. Here, the Court addresses the
designation of Davis as an Armed Career Criminal.
ACCA imposes a fifteen-year mandatory minimum sentence on
individuals convicted of being felons in possession of a
firearm who have three prior convictions for “a violent
felony or a serious drug offense, or both.” 18 U.S.C.
§ 924(e)(1). A “serious drug offense” is
(i) an offense under the Controlled Substances Act (21 U.S.C.
801 et seq.), the Controlled Substances Import and Export Act
(21 U.S.C. 951 et seq.), or chapter 705 of title 46, for
which a maximum term of imprisonment of ten years or more is
prescribed by law; or
(ii) an offense under State law, involving manufacturing,
distributing, or possessing with intent to manufacture or
distribute, a controlled substance (as defined in section 102
of the Controlled Substances Act (21 U.S.C. 802)), for which
a maximum term of ...