655 F. App'x 290
6th Cir.2016Background
- Defendant Akira O. Jackson pleaded guilty to being a felon in possession of a firearm and to being a violent felon in possession of body armor; sentencing triggered the ACCA mandatory minimum.
- The U.S. Probation Office classified Jackson as an armed career criminal based on three prior predicate convictions, including a Georgia conviction for conspiracy to commit voluntary manslaughter (Ga. Code Ann. § 16-5-2(a)).
- Jackson objected, arguing that Georgia voluntary manslaughter (and thus conspiracy to commit it) is not a “violent felony” under the ACCA because its elements do not require the use, attempted use, or threatened use of physical force as defined in Johnson v. United States.
- The district court overruled the objection and imposed the ACCA mandatory minimum (188 months). Jackson appealed the ACCA designation and sentence.
- The Sixth Circuit reviewed de novo whether the prior Georgia conviction qualifies as an ACCA “violent felony” under the categorical approach and upheld the district court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Georgia conspiracy to commit voluntary manslaughter qualifies as a "violent felony" under the ACCA | Jackson: statute does not require use/attempted use/threatened use of physical force (per Johnson), so it is not a violent felony | Government: causing another’s death necessarily requires force capable of causing physical pain or injury, so the statute meets the ACCA element test | The court held it qualifies as a violent felony and affirmed the ACCA sentence |
Key Cases Cited
- United States v. Anderson, 695 F.3d 390 (6th Cir. 2012) (held Ohio aggravated assault statute qualifies as an ACCA violent felony because it requires force capable of causing physical injury)
- Johnson v. United States, 559 U.S. 133 (2010) (held “physical force” in ACCA means violent force capable of causing physical pain or injury)
- United States v. Gibbs, 626 F.3d 344 (6th Cir. 2010) (explains application of the categorical approach to prior convictions)
- De Leon Castellanos v. Holder, 652 F.3d 762 (7th Cir. 2011) (reasoned deceit or fraud causing serious bodily injury is equivalent to use of force)