Conviction at CM can qualify under the ACCA

Do I have a felony is a frequent question to which the answer is – maybe. Of course the questioner is interested in the collateral effect of a special or general court-martial conviction. This becomes particularly important if you continue to commit crimes after release from the brig and the military.

Are courts-martial courts under the Armed Career Career Criminal Act – yes says The Fourth, as do The Ninth and The Seventh.

Pursuant to the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), and section 4B1.4 of the Guidelines, an individual who violates § 922(g) and has “three previous convictions by any court referred to in section 922(g)(1) . . . for a violent felony or a serious drug offense, or both, committed on occasions different from one another” qualifies as an armed career criminal. 18 U.S.C. § 924(e)(1) (emphasis added).

United States v. Grant, ___ F.3d ____ (4^th Cir. June 3, 2014), slip op. at 4.

Grant challenged a determination that a general court-martial conviction for aggravated assault and for kidnapping was not from a qualifying court under the ACCA. This is a case of statutory interpretation of the language conviction by “any” court. First the court determines that a qualifying court needs to be a domestic court, referring to Small v. United States, 544 U.S. 385 (2005). The court then engages in a review and discussion of the court-martial jurisdiction and procedure.

The court adopts the reasoning in United States v. Martinez, 122 F.3d 421 (7^th Cir. 1997), and United States v. MacDonald, 992 F.2d 967 (9^th Cir. 1993); each of which appears to be based on United States v. Lee, 428 F.2d 917 (6^th Cir. 1970).

Note: All I can find on LEXIS is a petition to CMA in October 1980, from ACMR.