207 F. Supp. 3d 1047
W.D. Mo.2016Background
- Henderson was convicted in 2007 of being a felon in possession of a firearm (18 U.S.C. § 922(g)(1)) and sentenced in 2008 to 262 months after the PSR identified at least three prior violent-felony convictions.
- ACCA imposes a 15-year mandatory minimum if the defendant has three prior "violent felony" convictions; the statute's residual clause was held unconstitutional in Johnson.
- PSR listed prior convictions including first- and second-degree burglary, sodomy, second-degree assault, armed criminal action, and unlawful use of a weapon. The Government concedes the sodomy conviction is not an ACCA predicate.
- Henderson argued Missouri second-degree burglary is not a categorical ACCA predicate under Mathis, and that several convictions arose from the same occasion so do not count separately.
- The district court found Mathis is retroactive, Henderson’s assault/weapon convictions arose from a single continuous incident (thus count as one predicate), and Missouri second-degree burglary is broader than generic burglary — therefore not an ACCA predicate. The court granted § 2255 relief and ordered resentencing.
Issues
| Issue | Henderson's Argument | Government's Argument | Held |
|---|---|---|---|
| Does Johnson/Mathis entitle Henderson to relief under § 2255? | Johnson and Mathis eliminate the residual-clause and require a categorical elements comparison; Henderson lacks three ACCA predicates. | Mathis is not retroactive and thus cannot support collateral relief. | Mathis follows longstanding doctrine and is retroactive; § 2255 timely and available under Johnson/Welch. |
| Are Henderson's assault, armed criminal action, and unlawful use convictions separate ACCA predicates? | The offenses arose from a single continuous incident with one victim and therefore constitute one occasion. | The Government contended the record is unclear whether they occurred on separate occasions. | Court found the convictions arose from the same continuous episode and count as a single predicate. |
| Does Missouri second-degree burglary qualify as generic burglary for ACCA purposes? | Missouri’s statute lists alternative locations/means broader than generic burglary, so it is not a categorical match. | The Government did not show Missouri law treats the listed locations as separate elements; it urged the conviction still qualifies. | Under Mathis, Missouri second-degree burglary enumerates alternative means and is broader than generic burglary; it is not an ACCA predicate. |
| Procedural default: is Henderson barred from § 2255 review for not raising this earlier? | Johnson announced a new substantive rule unavailable earlier; thus no procedural default. | The Government argued Henderson failed to object at sentencing or on direct appeal. | The court held Johnson/Welch announced a new substantive rule, excusing procedural default. |
Key Cases Cited
- Johnson v. United States, 135 S. Ct. 2551 (holding ACCA residual clause unconstitutional)
- Welch v. United States, 136 S. Ct. 1257 (Johnson announced a new substantive rule and is retroactive)
- Mathis v. United States, 136 S. Ct. 2243 (elements-based categorical approach; statutes listing alternative means may be overbroad)
- Taylor v. United States, 495 U.S. 575 (defining generic burglary for ACCA)
- Reed v. Ross, 468 U.S. 1 (cause for procedural default when claim’s legal basis was not reasonably available)
- McNeal v. United States, 249 F.3d 747 (procedural-default rule for § 2255 claims)
- Deroo v. United States, 304 F.3d 824 (offenses must be separate episodes to count as distinct ACCA predicates)
- Willoughby v. United States, 653 F.3d 738 (factors to determine separate occasions)
- Davidson v. United States, 527 F.3d 703 (court may consider convictions and underlying facts for occasion analysis)
- Alexander v. United States, 809 F.3d 1029 (Missouri second-degree assault is a violent felony for ACCA)
- Pulliam v. United States, 566 F.3d 784 (Missouri unlawful use of a weapon is a violent felony for ACCA)