Brown v. United States
2011 U.S. App. LEXIS 3873
| 2d Cir. | 2011Background
- Brown pleaded guilty in 2008 to one count of possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1).
- Under the Armed Career Criminal Act, he received a minimum 15-year sentence because the court found three qualifying prior convictions.
- Brown’s qualifying convictions included two attempted robberies and a state drug-possession-with-intent-to-distribute conviction.
- If the ACCA did not apply, Brown’s maximum term would have been 10 years, with a Guidelines range of 41 to 51 months.
- Brown argued the two attempted robbery convictions should count as a single offense under U.S.S.G. § 4A1.2(a)(2).
- The district court denied relief and Brown appealed the § 2255 denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether two attempted robberies count as one or two prior offenses | Brown contends § 4A1.2(a)(2) requires counting as one offense. | United States argues § 4A1.2(a)(2) controls only criminal-history points, not ACCA counting. | Brown was properly sentenced as an armed career criminal; § 4A1.2 does not govern ACCA counting. |
| Whether § 4A1.2 determines ACCA eligibility | Brown asserts § 4A1.2 dictates counting for ACCA purposes. | Government maintains ACCA counting follows § 4B1.4 express guidelines, not § 4A1.2. | Section 4A1.2 does not affect ACCA calculation; Rideout and subsequent law remain controlling. |
Key Cases Cited
- United States v. Rideout, 3 F.3d 32 (2d Cir. 1993) (two offenses on different occasions may trigger § 924(e) despite same day)
- United States v. Daye, 571 F.3d 225 (2d Cir. 2009) (factors for whether convictions arise from separate occasions)
- United States v. Brown, 629 F.3d 290 (2d Cir. 2011) (per curiam reaffirmation of Rideout/Daye framework)
- United States v. Maxey, 989 F.2d 303 (9th Cir. 1993) (4A1.2 does not apply to determining ACCA status)
- United States v. Hobbs, 136 F.3d 384 (4th Cir. 1998) (copyrighted discussion of ACCA counting mechanics)
- United States v. Medina-Gutierrez, 980 F.2d 980 (5th Cir. 1992) (time-counting rules do not govern ACCA determinations)