What exactley is a CCH and how does it apply to sentencing?

Career Criminal enhances the sentence greatly and makes a mandatory miniumum apply. Not a good thing. It means that you are charged with a crime of violence and have 2 prior convitions that are either a crime of violence or a serious drug offense. Crime of violence is any crime that they think counts as violent (and there are a lot of thoses) that carried a maximum sentence of at least 1 year and serious drug offense is any drug offense that carried a maximum sentence of 10 years.

There are two things which you may be talking about.

The first is the career offender provision of the sentencing guidelines. This does not invoke a minimum sentence. It requires the instant offense of conviction to be a drug trafficking offense, or a crime of violence. You also must have at least two unrelated convictions for crimes of violence or drug trafficking offenses. The definitions for those terms are in 4B1.2 of the sentencing guidelines. This automatically increases the offense level of the charge, and makes the offender's criminal history a category VI.

The second is the Armed Career Criminal Act. This is a statutory provision. It requires a 15 year mandatory minimum sentence. It applies to firearm cases where the offender has three convictions for either violent felonies or serious drug offenses. These are not the same definitions as are found in the career offender provision. These definitions are in 18 USC 924(e)(2).

For the Armed Career Criminal charge...do the previous convictions also have to be unrelated???

The law on that is that they have to occur on occassions different from each other. That does not neccesarily mean they cannot be related.

if you have 922 charge does that mean it is a violent crime????

Depends on what section of 922. I am assuming you are speaking of a felon (or other prohibited person) in possession of a firearm. In that case, no, it is not considered a crime of violence. Section 4B1.2 of the guidelines specifically mentions that unlawful possession of a firearm by a felon is not a COV.

I am dealing with this right now. My fiance has priors of B&E. Never used a weapon in any crime, but it is considered a violent crime. He was just arrested for poss of a firearm by a convicted felon (he was going to sell the gun for drugs) he is now looking at a minium of 15 to life because of the enhancement CCA. I am sorry that anyone else has to deal with this I am broken hearted. My man is not dangerous, never has been, but he will pull more time than people that have committed a violent crime against someone. Are you trying to get the feds to let the states prosecute? that is what I'm fighting for. He will get a lot less time that way.Good Luck and don't give up. Keep fighting!

slj2rain:

If your loved one is looking at 15 to life, it is because of the Armed Career Criminal statute, not the career offender provision of the guidelines.

Federal PO

My husband just got sentenced as an Armed Career Criminal even though its been almost 10 years since hes been out. Isn't there a statue of limitations or something on that? Also could you please explain more about Unlawful Poss isn't a COV.