McCARTHAN v. WARDEN, FCI ESTILL

No. 12-14989.

811 F.3d 1237 (2016)

Dan Carmichael McCARTHAN, Petitioner-Appellant, v. WARDEN, FCI ESTILL, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 20, 2016.


Attorney(s) appearing for the Case

Dan Carmichael McCarthan, FCI Estill-Inmate Legal Mail, pro se.

Todd B. Grandy , Robert E. O'Neill , Sara C. Sweeney , U.S. Attorney'S Office, Tampa, FL, Lisa A. Hirsch , U.S. Attorney's Office, Miami, FL, for Respondent-Appellee.

Before MARTIN and ROSENBAUM, Circuit Judges, and PROCTOR, District Judge.


In 2003, Petitioner Dan McCarthan pled guilty to being a felon-in-possession of a firearm. The maximum sentence for a felon-in-possession conviction is ten years' imprisonment. 18 U.S.C. § 924(a)(2). But the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924(e), requires sentencing courts to impose a term of imprisonment no lower...

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