Miller v. United States
2011 U.S. Dist. LEXIS 65920
D. Mass.2011Background
- Miller pled guilty to conspiracy to possess with intent to distribute crack cocaine and two counts of aiding and abetting distribution of crack cocaine.
- PSR classified Miller as a career offender based on two prior Massachusetts convictions for violence: assault and battery on a police officer (1998) and assault with a dangerous weapon (1999).
- At sentencing (2003), the Court adopted PSR facts and Miller was sentenced to 151 months under the career offender guidelines.
- In 2008 Miller moved for a sentence reduction under § 3582(c)(2) based on crack-cocaine guideline reductions; motion was denied due to career offender status.
- Miller filed a 28 U.S.C. § 2255 petition in 2011 challenging his career offender designation in light of recent caselaw on crimes of violence.
- The Court concluded assault and battery on a police officer is a crime of violence under the career offender guidelines, upholding Miller’s career offender status and denying relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether assault and battery on a police officer is a crime of violence. | Miller contends the decision overstates violence; Johnson and Holloway undermine the predicate. | The Massachusetts offense is categorically a crime of violence under the career offender definition. | Assault and battery on a police officer is categorically a crime of violence; Miller remains a career offender. |
| Whether the 2255 petition is procedurally or substantively meritorious given the career offender finding. | Recent Supreme Court/First Circuit decisions undermine the predicate offense. | Dancy and Fernandez bindingly hold the predicate remains a crime of violence. | Petition denied; no relief on the merits. |
Key Cases Cited
- United States v. Holloway, 630 F.3d 252 (1st Cir. 2011) (defines residual clause interpretation in crime of violence analysis)
- United States v. Dancy, 640 F.3d 455 (1st Cir. 2011) (confirms assault and battery on a police officer is categorically a crime of violence)
- United States v. Fernandez, 121 F.3d 777 (1st Cir. 1997) (holds Massachusetts assault and battery on a police officer categorically a crime of violence)
- Sykes v. United States, 131 S. Ct. 2267 (2011) (clarifies residual-clause inquiry for serious risk of physical injury)
- Begay v. United States, 553 U.S. 137 (2008) (purposeful, violent, and aggressive standard not dispositive for violent felonies)
- United States v. Willings, 588 F.3d 56 (1st Cir. 2009) (treats ACCA and career-offender definitions as closely related in analysis)