Timothy Edmun Johnson v. United States
CriminalProcedure
Whether Oklahoma's crime of drug distribution is a 'serious drug offense' under the Armed Career Criminal Act when state law defines 'distribution' to include 'transport with intent to distribute or dispense' a controlled substance, and whether convictions can be lawfully determined to have been 'committed on occasions different from one another' when two convictions are based on activity resulting from a continuation of a single drug deal, negotiated at the same time, between the same parties
Questions Presented for Review Expressed _in the Terms and Circumstances of the Case. Through the Armed Career Criminal Act, 18 U.S.C. §924(e) (hereinafter ACCA), Congress prescribed significantly increased punishment for defendants convicted of possessing a firearm after conviction ofa felony whose criminal histories included at least three convictions for crimes of violence and serious drug offenses “committed on occasions different from one another.” The questions presented here are: 1. Is Oklahoma’s crime of drug distribution a “serious drug offense” under the ACCA when state law defines “distribution” to include “transport with intent to distribute or dispense” a controlled substance? 2. Can convictions be lawfully determined to have been “committed on occasions different from one another’ when, as here, two convictions are based on activity resulting from a continuation of a single drug deal, negotiated at the same time, between the same parties? 1 (b) List of all