On September 28, 2022, in United States v. Baskerville, the United States District Court for the Middle District of Pennsylvania held that Pennsylvania’s definition of cocaine is broader than the federal counterpart.  As a result, the court found that the Armed Career Criminal Act (“ACCA”) did not apply at sentencing, nor did enhancements under the Sentencing Guidelines.  Accordingly, Mr. Baskerville did not face the 15-year mandatory-minimum under the ACCA.  And his Guidelines range was reduced from 262-327 months imprisonment to 33-41 months imprisonment.  Moving forward, the case will likely impact other defendants similarly situated to Mr. Baskerville, who have prior Pennsylvania cocaine-related convictions.

The court’s decision can be found here.  Attorneys Wes Mishoe and Barb Zemlock represented Mr. Baskerville post-trial and for purposes of sentencing.