Ricky Jones v. United States
2012 U.S. App. LEXIS 15736
6th Cir.2012Background
- Jones pled guilty (April 11, 2005) to felon in possession under 18 U.S.C. §§ 922(g)(1), 924(e)(1).
- He was classified as an armed career criminal based on three prior felonies, including reckless homicide under Kentucky law.
- The ACCA imposed a mandatory minimum of 15 years due to ACCA status.
- One prior conviction was reckless homicide (1999) in Kentucky; others were theft/escape (1982) and robbery (1991).
- Jones challenged § 2255 relief under Begay v. United States (2008) alleging retroactive application of Begay.
- District court denied relief on multiple grounds, prompting Jones’s appeal and this court’s reversal and remand for resentencing without ACCA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Retroactivity of Begay’s rule | Reckless homicide should not count under ACCA after Begay. | Reckless homicide could qualify under residual or use-of-physical-force clauses. | Reckless homicide cannot qualify under § 924(e)(2)(B); no predicate under either clause. |
| Equitable tolling | Missed one-year deadline due to prison transfers and illiteracy; timely after discovery. | No justification for tolling given lack of extraordinary circumstances. | Equitable tolling applies; timely relief granted. |
| Remand and relief | resentencing without ACCA should occur. | Government defenses not necessary to address sua sponte. | Remand for resentencing consistent with Begay and without ACCA. |
Key Cases Cited
- Begay v. United States, 553 U.S. 137 (2008) (new substantive retroactive rule narrowing ACCA predicates)
- O’Dell v. Netherlands, 521 U.S. 151 (1997) (Teague framework for retroactivity)
- Teague v. Lane, 489 U.S. 288 (1989) (retroactivity standard for new rules)
- Schriro v. Summerlin, 542 U.S. 348 (2004) (distinctive treatment of substantive vs. procedural rules; watershed rule concept)
- Leocal v. Ashcroft, 543 U.S. 1 (2004) (use-of-physical-force standard under ACCA)
- McMurray, 653 F.3d 367 (2011) (reckless mens rea cannot satisfy use-of-force)
- Welch v. United States, 604 F.3d 408 (2010) (retroactive application of Begay under ACCA)
- Shipp v. United States, 589 F.3d 1084 (2009) (Chambers retroactivity analysis in ACCA context)
- Chambers v. United States, 555 U.S. 122 (2009) (interpretation of residual clause context post-Begay)
- Sykes v. United States, 131 S. Ct. 2267 (2011) (post-Begay residual clause interpretation)
- Humphress v. United States, 398 F.3d 855 (2005) (anticipatory discussions on Booker and retroactivity)
- Graham v. Collins, 506 U.S. 461 (1993) (new-rule determination for Teague analysis)
- Holland v. Florida, 130 S. Ct. 2549 (2010) (case-by-case approach to equitable tolling)
- Day v. McDonough, 547 U.S. 198 (2006) (sua sponte dismissal and timeliness context)