United States v. Whindleton

Summary

The First Circuit affirmed Jermaine Whindleton’s fifteen-year sentence under the Armed Career Criminal Act for being a felon in possession of a firearm. The court held that his New York conviction for criminal sale of a controlled substance qualified as a serious drug offense and that his Massachusetts conviction for assault with a dangerous weapon qualified as a violent felony under the ACCA’s force clause.

Holdings

1. A conviction under New York Penal Law § 220.39(1) qualifies as an ACCA serious drug offense because an offer to sell a controlled substance, when made with the intent and ability to proceed with the sale, is sufficiently related to or connected with drug distribution to fall within the ACCA's definition of an offense 'involving' distribution.
2. A conviction for Massachusetts assault with a dangerous weapon under Massachusetts General Laws chapter 265, § 15B(b), qualifies as a violent felony under the ACCA's Force Clause because the dangerous-weapon element imports the use, attempted use, or threatened use of violent force capable of causing physical pain or injury.

Questions Presented

1. Whether a conviction under New York Penal Law § 220.39(1) for criminal sale of a controlled substance qualifies as a serious drug offense under the ACCA when the statute permits conviction based on an offer to sell.
2. Whether a conviction under Massachusetts General Laws chapter 265, § 15B(b), for assault with a dangerous weapon qualifies as a violent felony under the ACCA's Force Clause.

Disposition

affirmed