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McNEILL v. U.S.

No. 10-5258.

131 S.Ct. 2218 (2011)

563 U.S. 816

180 L.Ed.2d 35

Clifton Terelle McNEILL, Petitioner, v. UNITED STATES.

Supreme Court of United States.

Decided June 6, 2011.

Attorney(s) appearing for the Case

Stephen C. Gordon , Raleigh, NC, for petitioner.

Curtis E. Gannon , Washington, DC, for respondent.

Jeffrey T. Green , Sarah O'Rourke Schrup , Northwestern University, Supreme Court Practicum, Chicago, IL, Thomas P. McNamara , Federal Public Defender, G. Alan DuBois , Counsel of Record, Stephen C. Gordon , Assistant Federal Public Defenders, James E. Todd, Jr. , Eric J. Brignac , Office of the Federal Public Defender, for the Eastern District of North Carolina, Raleigh, NC, for Petitioner Clifton Terelle McNeill.

Neal Kumar Katyal , Acting Solicitor General, Counsel of Record, Lanny A. Breuer , Assistant Attorney General, Michael R. Dreeben , Deputy Solicitor General, Curtis E. Gannon , Assistant to the Solicitor General, Richard A. Friedman , Attorney, Department of Justice, Washington, DC, for United States.

Justice THOMAS delivered the opinion of the Court.

Under the Armed Career Criminal Act (ACCA), a prior state drug-trafficking conviction is for a "serious drug offense" if "a maximum term of imprisonment of ten years or more is prescribed by law" for the offense. 18 U.S.C. § 924(e)(2)(A)(ii). The question in this case concerns how a federal court should determine the maximum sentence for a prior state drug offense for ACCA purposes. We hold that the "maximum...

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