United States V. Rodriquez - Overview

Overview

The respondent, Gino Rodriquez, was released from prison in 2004. Soon thereafter, he violated the terms of his parole and was later apprehended in possession of heroin and a pistol. Prosecutors argued that Rodriquez was subject to the Armed Career Criminal Act (ACCA), which applies to those convicted of being a felon in possession of a firearm if they have a total of three previous convictions for violent felonies or serious drug offenses. Rodriquez had two California burglary convictions. Prosecutors argued that the third required conviction was supplied by Rodriquez’s Washington state drug offenses. Although none of the three drug convictions, on their own, was considered "serious," the second and third were repeat offenses and were punishable by ten-year sentences, which qualify as serious under ACCA.