In United States v. Miles, No. 21-12609 (Lagoa, Brasher, Boulee), the Court vacated the defendant’s ACCA sentence.

The Court held that a prior Florida conviction for unlawful possession of a listed chemical under Fla. Stat. 893.149 is not a “serious drug offense” under ACCA. The elements of that offense requires one to possess the chemical with reasonable cause to believe that some person will use it to manufacture a controlled substance. However, that conduct does not itself involve (i.e., necessarily entail) “manufacturing” or “possessing with intent to manufacture” a controlled substance, as required by ACCA’s “serious drug offense” definition.

https://media.ca11.uscourts.gov/opinions/pub/files/202112609.pdf

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