Hunter v. United States
559 F.3d 1188
11th Cir.2011Background
- Consolidated § 2255 appeals from Hunter and Watts challenging ACCA-based sentences for possession of a firearm by a felon.
- Each defendant had three prior violent felonies, including carrying a concealed weapon, triggering ACCA § 924(e) enhancement.
- Supreme Court Begay v. United States redefined violent felonies as involving purposeful, violent, and aggressive conduct; DUI was not such a predicate.
- Eleventh Circuit decisions in Archer and Canty held carrying a concealed weapon is not a violent felony under related frameworks.
- District courts sentenced Hunter and Watts to terms above the § 924(a)(2) maximum; government argued for relief and conceded on appeal.
- Court vacated district-court denials and remanded for reconsideration in light of Begay, Canty, Archer, and the government’s concession.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ACCA predicate after Begay invalidates the sentence | Hunter/Watts argue due process violation from using non-predicate. | Government concedes appropriate relief; Begay/Canty/Archer control. | Remand appropriate; vacate denials for reconsideration. |
| Proper forum for determining relief after new controlling law | District court should apply Begay-era rules on remand. | District court best positioned to tailor relief. | Remand to district courts for further consideration. |
Key Cases Cited
- Begay v. United States, 128 S. Ct. 1589 (U.S. 2008) (defines violent felony for ACCA; DUI not predicate)
- United States v. Archer, 531 F.3d 1347 (11th Cir. 2008) (carrying a concealed weapon not a violent felony under guidelines/ACCA)
- United States v. Canty, 570 F.3d 1251 (11th Cir. 2009) (holding concealed weapon not ACCA predicate)
- United States v. Shipp, 589 F.3d 1084 (10th Cir. 2009) (due process concerns with sentences exceeding statute under changed law)