Quintus Delano Marshall v. Commonwealth of Virginia
69 Va. App. 648
Va. Ct. App.2019Background
- In 2009 Marshall pled guilty in Lynchburg circuit court to misdemeanor assault and battery against a family member (Va. Code § 18.2-57.2).
- In 2017 Marshall attempted to redeem a pawned Glock and completed ATF Form 4473; he checked “No” to question 11.i (whether he had been convicted of a misdemeanor crime of domestic violence).
- The Commonwealth introduced a certified copy of the 2009 conviction and prosecuted Marshall under Va. Code § 18.2-308.2:2 for willfully making a materially false statement on a firearm transaction form.
- Marshall argued that a Virginia assault and battery conviction can rest on a minimal offensive touching and therefore does not necessarily have an element of “use or attempted use of physical force” required by the federal definition of a “misdemeanor crime of domestic violence.”
- The trial court convicted Marshall; on appeal the Court of Appeals considered whether a § 18.2-57.2 conviction necessarily satisfies the federal definition in 18 U.S.C. § 921(a)(33).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a Va. § 18.2-57.2 conviction necessarily qualifies as a “misdemeanor crime of domestic violence” under 18 U.S.C. § 921(a)(33) | Marshall: § 18.2-57.2 can be satisfied by a slightest offensive touching and thus may lack the element of "use or attempted use of physical force." | Commonwealth: The conviction, coupled with its family-member nature, qualifies under the federal definition; the ATF form uses the federal definition adopted by Virginia. | Held: Under Supreme Court precedent in Castleman, a common-law battery-level touching satisfies the “physical force” requirement, so a § 18.2-57.2 conviction qualifies. |
| Whether the certified conviction alone was sufficient evidence to prove the element for the false-statement offense | Marshall: The conviction order alone does not show the degree of force; additional records would be required. | Commonwealth: The certified conviction showing assault and battery of a family member establishes the requisite elements. | Held: The conviction order established the prior misdemeanor domestic violence conviction required to prove a materially false statement on the ATF form. |
| Whether federal definition controls interpretation of the term on ATF Form 4473 used in Virginia prosecution | Marshall: Virginia could interpret its own statutes differently. | Commonwealth: Virginia adopted ATF Form 4473 and criminalized false statements on forms required by federal law, effectively incorporating the federal definition. | Held: The federal definition in 18 U.S.C. § 921(a)(33) applies. |
| Sufficiency of evidence for conviction under Va. Code § 18.2-308.2:2 | Marshall: Insufficient because prior conviction may not be a qualifying misdemeanor crime of domestic violence. | Commonwealth: Sufficient; prior conviction qualifies and Marshall’s “No” was false. | Held: Evidence sufficient; conviction affirmed. |
Key Cases Cited
- United States v. Castleman, 572 U.S. 157 (2014) (holding that the degree of force supporting a common-law battery satisfies the “physical force” requirement in § 921(a)(33))
- White v. United States, 606 F.3d 144 (4th Cir. 2010) (concluded § 18.2-57.2 did not, on its face, require use of physical force; later superseded by Castleman)
- Edwards v. Commonwealth, 65 Va. App. 655 (2015) (explaining common-law battery as slightest touching done willfully or in anger)
- Carter v. Commonwealth, 269 Va. 44 (2005) (Virginia court assumes common-law definitions for assault and battery when statute is undefined)
- Farhoumand v. Commonwealth, 288 Va. 338 (2014) (restating standard for appellate review of sufficiency challenges)