Appeals court ruling could put probationer back in prison

November 6, 2019 GMT

DOVER, Del. (AP) — A Delaware man on probation after serving time on federal gun charges is facing the possibility of returning to prison.

A federal appeals court on Tuesday vacated a judge’s 2017 ruling that Aleem Shabazz was not subject to a 15-year mandatory minimum sentence after being convicted on gun possession and straw purchase charges.

Prosecutors said Shabazz should be sentenced under the Armed Career Criminal Act because three prior burglary convictions counted as violent felonies.

The judge disagreed because Delaware’s burglary statute was broader than the federal definition, covering both dwellings and vehicles.

The U.S. Supreme Court ruled last year that generic burglary includes vehicles designed for overnight use.

Shabazz served 41 months and is now in a re-entry program, but he faces the possibility of additional prison time when resentenced.