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Keywords

defendantstatutemotionfelony

tortmotionfelony

Related Cases

Dawson v. United States, 294 F.Supp.3d 1300

Facts

The movant was convicted of possession with intent to distribute cocaine, crack cocaine, and marijuana, as well as possession of firearms in relation to drug trafficking. He was sentenced under the ACCA based on prior convictions, including battery on a law enforcement officer. After the U.S. Supreme Court's decision in Johnson v. United States, which deemed the ACCA's residual clause unconstitutionally vague, the movant filed a motion to vacate his sentence, claiming that his battery convictions no longer qualified as violent felonies under the ACCA.

The PSR based this qualification on the following predicate offenses: (1) armed robbery and possession with intent to sell or deliver cocaine on February 19, 1999; and (2) two convictions for battery on a law enforcement officer ('BOLEO') on October 10, 2001.

Issue

Did the movant's Florida battery convictions qualify as predicate offenses under the Armed Career Criminal Act (ACCA)?

The parties disagree over whether Movant's previous conviction for BOLEO qualifies as a predicate offense for ACCA purposes.

Rule

Under the ACCA, a defendant is subject to enhanced sentencing if he has three prior convictions for a 'violent felony or a serious drug offense.' The definition of 'violent felony' includes crimes that involve the use, attempted use, or threatened use of physical force against another person.

A 'violent felony' is any crime punishable by imprisonment for a term exceeding one year that: (1) has as an element the use, attempted use, or threatened use of physical force against the person of another; (2) is burglary, arson, or extortion, involves use of explosives; or (3) otherwise involves conduct that presents a serious potential risk of physical injury to another.

Analysis

The court analyzed whether the movant's battery convictions met the definition of a violent felony under the ACCA. It determined that the least culpable means of satisfying the battery statute could be accomplished by mere touching, which does not constitute physical force as required by the ACCA's elements clause. Therefore, the court concluded that the movant's sentence was predicated on the now-invalid residual clause of the ACCA.

The Court finds that Movant's sentence, as a matter of law, could only have been predicated on ACCA's now-void residual clause.

Conclusion

The court granted the movant's motion to vacate his sentence, concluding that his battery convictions did not qualify as predicate offenses under the ACCA.

Movant's Motion for Relief Pursuant to § 2255 [DE 1] is GRANTED.

Who won?

The movant prevailed in the case because the court found that his prior battery convictions did not meet the criteria for enhanced sentencing under the ACCA, thus granting his motion to vacate.

The Report found that Movant has shown actual prejudice because he is serving an enhanced sentence that should not have been enhanced under the ACCA.

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