256 F. Supp. 3d 53
D. Mass.2017Background
- Maurice J. Fagan was convicted in 2008 of possession with intent to distribute cocaine base (21 U.S.C. § 841(a)(1)) and being a felon in possession of ammunition (18 U.S.C. § 922(g)(1)).
- The government filed § 851 informations listing five prior Massachusetts § 94C § 32A drug convictions (1992–1996) to enhance punishment.
- The Presentence Report also listed prior convictions for assault and battery with a dangerous weapon (ABDW) and simple assault (A&B), which the court treated as additional predicates.
- At sentencing Fagan was treated as both a Career Offender under the Guidelines and an Armed Career Criminal (ACCA), and received a 210-month prison term (court adjusted downward from Guidelines range based on acceptance‑of‑responsibility hypotheticals).
- Fagan moved under 28 U.S.C. § 2255 (filed June 21, 2016) arguing that Johnson v. United States (Johnson II) and Welch v. United States eliminated the ACCA residual‑clause basis for treating his ABDW and A&B convictions as violent felonies, so he no longer qualifies as an armed career criminal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Fagan remains an armed career criminal under the ACCA after Johnson II | ABDW and A&B no longer qualify as "violent felonies" post‑Johnson II, so ACCA enhancement falls away | Fagan has at least three prior "serious drug offense" convictions (five here), which alone satisfy ACCA predicates | Fagan remains an armed career criminal because his five prior § 94C § 32A drug convictions are "serious drug offense[s]" and provide the required predicates |
Key Cases Cited
- Johnson v. United States, 135 S. Ct. 2551 (2015) (Supreme Court held ACCA residual clause unconstitutional)
- Welch v. United States, 136 S. Ct. 1257 (2016) (held Johnson applies retroactively on collateral review)
- Trenkler v. United States, 536 F.3d 85 (1st Cir. 2008) (discussing § 2255 as primary collateral remedy)
- United States v. Holloway, 630 F.3d 252 (1st Cir. 2011) (describing ACCA "force clause" and "residual clause" framework)
- United States v. Moore, 286 F.3d 47 (1st Cir. 2002) (Mass. Gen. Laws ch. 94C § 32A carries a ten‑year maximum and fits ACCA "serious drug offense" definition)