Colter v. United States
2012 D.C. App. LEXIS 63
| D.C. | 2012Background
- Appellant convicted after a non-jury trial of several offenses related to the shooting of two individuals, including a bystander.
- Issue concerns whether assault with significant bodily injury (felony assault) is a crime of violence under DC law, affecting related PFCV charges and armed-enhancement.
- DC Code provisions: 22-4502 adds penalties when a crime of violence is committed while armed; 22-4504(b) creates PFCV prohibiting possession of firearms during a crime of violence; 22-4501 defines crime of violence.
- ASBI was created by 2007 law but was not added to the list of crimes of violence in 23-1331(4); thus uncertain if it qualifies as a crime of violence.
- Parks v. United States and Thomas v. United States provide framework for interpreting crimes of violence when not listed, but are not controlling here because ASBI is unlisted and carries a lower penalty.
- Trial court imposed 24-month sentence for ASBI and 60-month sentence for PFCV, with sentences running concurrently; remand to vacate PFCV conviction while preserving total sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is assault with significant bodily injury a crime of violence? | As the government argues, ASBI may be treated as a crime of violence by functional equivalence to listed offenses. | ASBI is not listed as a crime of violence and its penalties are lower; thus it is not a crime of violence under §22-4501. | ASBI is not a crime of violence. |
| Does Parks control the classification of PFCV when the predicate offense is not listed as a crime of violence? | Parks supports applying the violent-weapon predicate to related offenses even if not listed. | Parks is distinguishable because ASBI is unlisted and carries a lower penalty than listed offenses like felony assault on a police officer. | Parks does not control; ASBI remains unlisted as a crime of violence. |
| What is the remedy for the misalignment of ASBI and PFCV convictions on the judgment? | Convictions and sentences should reflect the law as applied to crimes of violence and related enhancements. | No change warranted where sentences stay within statutory maximums and merger effects are appropriate. | Remand to vacate the PFCV conviction/sentence; correct clerical errors; otherwise affirm remaining judgment. |
Key Cases Cited
- Parks v. United States, 627 A.2d 1 (D.C.1993) (assault with a dangerous weapon and related offenses can be treated equivalently for PFCV purposes)
- Thomas v. United States, 210 F.2d 21 (2d Cir. 1954) (robbery while armed discussed when sentence exceeds unarmed maximum)
- In re R.S., 6 A.3d 854 (D.C.2010) (legislative history of felony assault and related offenses)