United States v. Akeem Stafford
721 F.3d 380
| 6th Cir. | 2013Background
- Stafford shot at a nightclub area; gun recovered with six live rounds; shell casings matched to firearm.
- Stafford attempted to flee; police found loaded gun discarded in the Tremont Street alley.
- Stafford was arrested, hand swabbed for gunshot residue, and tested positive on left hand.
- Stafford was charged with felon in possession of a firearm under 18 U.S.C. § 922(g)(1) and ammunition.
- PSR recommended ACCA enhancements based on four prior convictions, including aggravated riot; the district court adopted them at sentencing.
- appellate trial and sentencing decisions largely followed based on the evidence and trial rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for possession | Stafford argues one-eyed eyewitness weaknesses undermine guilt | Government contends circumstantial evidence confirms possession | Sufficient evidence supports conviction |
| Admissibility of gunshot-residue evidence | Gunshot-residue analysis is unreliable under Daubert | Court properly admitted reliable expert testimony | Admissible; district court acted within Daubert and Rule 702 |
| ACCA enhancement based on aggravated riot | Aggravated riot not categorically a violent felony; reliance on Bill of Particulars improper | Modified categorical approach valid with Shepard documents; aggravation supports ACCA | Affirmed as a violent felony under ACCA; enhanced sentence confirmed |
| Use of Bill of Particulars/ Shepard approach | State indictment documents should not be used; only judgment/indictment allowed | Shepard allows consideration of conduct-related documents | District court erred; but alternative Shepard-based basis supports violent felony finding; affirmed on balance |
| Residual clause vagueness | Residual clause unconstitutionally vague | Residual clause is constitutional per Campbell and Perry | Not void for vagueness; ACCA residual clause valid |
Key Cases Cited
- Begay v. United States, 553 U.S. 137 (U.S. 2008) (two-part test for violent felonies under ACCA; proximity and purpose-based analysis)
- Benton v. United States, 639 F.3d 723 (6th Cir. 2011) (two-part Begay-based test; similar in kind and risk; cannot be overbroad)
- Sanders v. United States, 301 F. App’x 503 (6th Cir. 2008) (instructive on aggravated riot; indicia of violence under subparts (A)(2)/(A)(3))
- Shepard v. United States, 544 U.S. 13 (U.S. 2005) (permitting use of certain documents to apply modified categorical approach)
- United States v. Ford, 560 F.3d 420 (6th Cir. 2009) (categorical analysis for violent felonies under ACCA; Shepard-related)