United States v. Abdul Glover
681 F. App'x 432
6th Cir.2017Background
- In 2016 Abdul Glover pleaded guilty to felon in possession of a firearm under 18 U.S.C. § 922(g)(1).
- The presentence report identified three prior convictions (Delivery of Cocaine, Conspiracy to Possess Cocaine, and a 1996 Ohio conviction for "Assault on a Peace Officer" under Ohio Rev. Code § 2903.13) and classified Glover as an Armed Career Criminal under the ACCA, producing a 15-year mandatory minimum sentence.
- Glover conceded two drug convictions counted as ACCA predicates and challenged only whether the 1996 Ohio assault conviction constituted a "violent felony" under 18 U.S.C. § 924(e)(2)(B).
- Ohio § 2903.13 criminalizes knowingly causing or attempting to cause "physical harm" to a peace officer; Ohio defines "physical harm" broadly as any injury, illness, or physiological impairment.
- The Sixth Circuit previously held in United States v. Evans that § 2903.13 necessarily requires the knowing use or attempted use of "physical force" (force capable of causing physical pain or injury) and thus qualifies as a crime of violence under the Guidelines and as an ACCA predicate.
Issues
| Issue | Glover's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether Glover's 1996 Ohio conviction for assault on a peace officer is a "violent felony" under the ACCA | Ohio's definition of "physical harm" is broad and can encompass non-violent conduct (e.g., offensive touching or spitting); Castleman limits the meaning of "physical force" and undermines Evans | Evans controls; Ohio § 2903.13 requires proof of knowing use or attempted use of force capable of causing physical injury, so it fits ACCA's elements clause; Castleman does not alter the ACCA analysis in Evans | Affirmed: Ohio § 2903.13 conviction qualifies as an ACCA "violent felony" and supports the 15-year mandatory minimum |
Key Cases Cited
- Johnson v. United States, 559 U.S. 133 (2010) (defined "physical force" in ACCA context as force capable of causing physical pain or injury)
- Evans v. United States, 699 F.3d 858 (6th Cir. 2012) (held Ohio assault on a peace officer requires knowing use/attempted use of physical force and is a crime of violence under the Guidelines)
- Castleman v. United States, 134 S. Ct. 1405 (2014) (interpreted "physical force" in the misdemeanor domestic-violence context and declined to disturb ACCA § 924(e) interpretations)
- Descamps v. United States, 133 S. Ct. 2276 (2013) (clarified categorical approach for determining whether convictions match ACCA enumerated offenses)
- Johnson v. United States, 135 S. Ct. 2551 (2015) (found ACCA's residual clause unconstitutionally vague)