Marvin Miller v. United States
561 F. App'x 485
6th Cir.2014Background
- Miller was convicted of being a felon in possession of a firearm under 18 U.S.C. § 922(g) and placed under ACCA enhancement based on three prior violent felonies.
- Two of Miller’s prior offenses were adult convictions (involuntary manslaughter with a firearm specification and attempted felonious assault); the third was a juvenile felonious assault conviction from 1990.
- The district court applied the ACCA’s 180-month minimum after two evidentiary hearings determined the juvenile conviction qualified as a predicate violent felony.
- Miller challenged the 1990 juvenile adjudication as a predicate offense and contended sentencing counsel failed to argue modified-categorical analysis and failed to object to reliance on evidentiary hearings instead of Shepard documents.
- Miller also sought to amend his § 2255 petition to include an ineffective-assistance claim related to a favorable plea offer that Miller allegedly rejected following incorrect advice about ACCA applicability.
- The panel remanded one claim (plea negotiations) for an evidentiary hearing while upholding the district court’s denials on two other ineffective-assistance grounds and vacating the district court’s denial of the amendment regarding the plea claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sentencing counsel was ineffective for not arguing a modified categorical approach for the juvenile conviction | Miller | United States | No prejudice; claim rejected. |
| Whether counsel was ineffective for failing to object to reliance on evidentiary hearings rather than Shepard documents | Miller | United States | No prejudice; claim rejected. |
| Whether counsel was ineffective for not advising about ACCA enhancement during plea negotiations | Miller | United States | Remanded for an evidentiary hearing. |
| Whether the district court erred by denying Miller’s motion to supplement the § 2255 petition | Miller | United States | District court abused discretion; vacate and remand for evidentiary hearing on plea claim. |
Key Cases Cited
- Taylor v. United States, 495 U.S. 575 (U.S. 1990) (categorical approach to ACCA predicates)
- Descamps v. United States, 570 U.S. 254 (U.S. 2013) (modified categorical approach clarifications)
- Shepard v. United States, 544 U.S. 13 (U.S. 2005) (modified categorical approach tool; sources beyond conviction)
- United States v. Wells, 473 F.3d 640 (6th Cir. 2007) (Shepard documents support predicate analysis)
- United States v. Hibbit, 514 F. App’x 594 (6th Cir. 2013) (Ohio felonious assault conviction as ACCA predicate when firearm use shown)
- United States v. Anderson, 695 F.3d 390 (6th Cir. 2012) (discusses ACCApredicate analysis in context of Ohio statute)