United States v. Anthony Hall, Jr.
877 F.3d 800
| 8th Cir. | 2017Background
- April 13, 2015 traffic stop: officers smelled marijuana and searched Hall’s car, finding 64 bags of marijuana and a loaded .40 cal handgun; Hall texted his girlfriend he was "dirty" and punched an officer while attempting to flee.
- Hall initially pled guilty to being a prohibited person in possession of a firearm, then withdrew the plea before sentencing.
- At trial on charges of possession with intent to distribute marijuana, possession of a firearm in furtherance of drug trafficking, and possession of a firearm by a prohibited person, the government introduced factual statements from Hall’s withdrawn plea agreement (including that he knowingly possessed the handgun while using marijuana).
- A juror reported being followed by a defense witness (the girlfriend) while leaving the courthouse; the district court interviewed the juror, gave a curative instruction, and denied a mistrial.
- At sentencing the district court counted two prior drug convictions and a 2003 Texas second-degree robbery conviction, ruling Hall a career offender under the Guidelines and an armed career criminal under the ACCA, and sentenced him to 360 months.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of factual statements from withdrawn plea agreement | Government: waiver in plea agreement is valid; statements admissible | Hall: Rule 410 waiver was not knowing or voluntary, so statements are inadmissible | Waiver was knowing and voluntary; statements admissible |
| Motion for mistrial after juror reported being followed | Hall: juror was improperly influenced by third-party contact, requiring mistrial | Government: incident was likely coincidence and not prejudicial | District court did not abuse discretion; denial of mistrial affirmed |
| Whether 2003 Texas second-degree robbery is a "violent felony" under ACCA (force clause) | Hall: statute covers perceived threats and conduct that may fall short of Johnson violent force | Government: Texas robbery requires actual or perceived imminent bodily injury and meets "violent force" requirement | Texas second-degree robbery qualifies as a violent felony under ACCA force clause |
| Whether robbery conviction supports career-offender and ACCA status | Hall: robbery does not qualify, so predicate count insufficient | Government: robbery plus two drug convictions provide required predicates | Conviction counts; Hall is an armed career criminal and Guidelines career offender |
Key Cases Cited
- Mezzanatto v. United States, 513 U.S. 196 (1995) (defendant may waive Rule 410 rights absent indication waiver was unknowing or involuntary)
- United States v. Washburn, 728 F.3d 775 (8th Cir. 2013) (upholding Rule 410 waiver in plea agreement)
- United States v. Young, 223 F.3d 905 (8th Cir. 2000) (reviewing circumstances of plea agreement waiver)
- Remmer v. United States, 347 U.S. 227 (1954) (procedure when jury contact/tampering is alleged)
- Johnson v. United States, 559 U.S. 133 (2010) (defining "force" as violent force capable of causing physical pain or injury)
- Mathis v. United States, 136 S. Ct. 2243 (2016) (categorical vs. modified categorical approach)
- Taylor v. United States, 495 U.S. 575 (1990) (look only to fact of conviction and statutory definition under categorical approach)
- United States v. Shockley, 816 F.3d 1058 (8th Cir. 2016) (de novo review whether prior conviction is a violent felony)
- United States v. Mata, 869 F.3d 640 (8th Cir. 2017) (construing "violent felony" and "crime of violence" interchangeably)
- United States v. Schaffer, 818 F.3d 796 (8th Cir. 2016) (finding intent to cause fear of immediate bodily harm satisfies force clause)
- United States v. Pendleton, 832 F.3d 934 (8th Cir. 2016) (presumption that juries follow curative instructions)