Legal Question in Criminal Law in New Mexico

one final question concerning the violent offenses, are there any exceptions to the rules, or any way around the violent convictions when they are being considered under the federal armed career criminal act? There has got to be an exception to the rule....


Asked on 8/19/11, 12:28 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

There are no exceptions to the Guidelines requirements for application of the ACCA. The only way to avoid the prior conviction would be with a plea agreement, and in 40 years I have never seen it successfully done. Under the United States Sentencing Guidelines even the judge has only slight authority to vary sentencing, and no authority to change or ignore any Guideline provision.

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Answered on 8/20/11, 1:03 pm


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