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14-042 - USA v. Jackson


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14-042 - USA v. Jackson
July 8, 2015
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REPORT AND RECOMMENDATION as to Jamarcus Lavelle Jackson recommending 37 First MOTION to Suppress be DENIED. Signed by Magistrate Judge Clifton L Corker on 7/8/15. (BGP, )
July 27, 2015
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ORDER denying 37 Motion to Suppress as to Jamarcus Lavelle Jackson (1); adopting Report and Recommendations re 63 Report and Recommendations as to Jamarcus Lavelle Jackson (1). Signed by District Judge J Ronnie Greer on 7/27/15. (KDO)
March 2, 2016
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MEMORANDUM OPINION AND ORDER as to Jamarcus Lavelle Jackson, the defendant has filed several objections to the Presentence Investigation Report (PSR). This Memorandum Opinion and Order will address the defendants objection to being classified as an Armed Career Criminal pursuant to the Armed Career Criminal Act (ACCA), see 18 U.S.C. § 924(e) (2016); U.S. Sentencing Guidelines Manual § 4B1.4 (2015). Specifically, the defendant argues that the juvenile conviction listed in paragraph 26 does not qualify as a predicate offense for ACCA purposes because there was no explicit factual, judicial finding to which the defendant assented that the offense necessarily involved the use of a firearm, See §924(e)(2)(B); see also Shepard v. United States, 544 U.S. 13, 16 (2005). This Court agrees. For the reasons that follow, the objection is SUSTAINED Signed by District Judge J Ronnie Greer on 3/2/16. (BGP, )
March 10, 2016
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MEMORANDUM OPINION AND ORDER as to Jamarcus Lavelle Jackson. Signed by District Judge J Ronnie Greer on 3/10/16. (KDO)