United States v. Antoine Smith
882 F.3d 460
| 4th Cir. | 2018Background
- Antoine Smith pled guilty to possession with intent to distribute cocaine (21 U.S.C. § 841(a)(1)) and possession of ammunition by a felon (18 U.S.C. § 922(g)).
- Presentence report classified Smith as an Armed Career Criminal under ACCA based on three prior violent-felony convictions: two North Carolina robberies with a dangerous weapon and one North Carolina voluntary manslaughter.
- The district court applied the ACCA enhancement, producing a mandatory minimum 180-month sentence; Smith objected, arguing voluntary manslaughter is not a violent felony under ACCA.
- The legal question turned on whether North Carolina voluntary manslaughter, as defined by state law and jury instructions, categorically involves the "use of physical force" under ACCA’s force clause (18 U.S.C. § 924(e)(2)(B)).
- North Carolina voluntary manslaughter requires an intentional and unlawful killing committed without malice (typically in the heat of passion or from excessive force in self-defense) and is a lesser offense than second-degree murder because of the provocation/heat-of-passion context.
Issues
| Issue | Smith's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether NC voluntary manslaughter is a "violent felony" under ACCA’s force clause | Voluntary manslaughter can be committed with mere negligence or recklessness (e.g., unreasonable use of force in self-defense), so it lacks the volitional force ACCA requires | Voluntary manslaughter requires an intentional killing (the decision to use force is volitional), so it meets ACCA’s mens rea and force requirement | The Fourth Circuit affirmed: NC voluntary manslaughter is categorically a violent felony under ACCA because it requires intentional use of force |
Key Cases Cited
- Leocal v. Ashcroft, 543 U.S. 1 (2004) (interprets “use” in force-clause contexts to require volitional conduct and higher mens rea than negligence)
- United States v. Hemingway, 734 F.3d 323 (4th Cir. 2013) (categorical-approach standard of review for ACCA predicate analysis)
- United States v. Doctor, 842 F.3d 306 (4th Cir. 2016) (elements-based categorical approach to determining ACCA predicates)
- State v. McNeil, 518 S.E.2d 486 (N.C. 1999) (North Carolina definition of voluntary manslaughter requiring intentional unlawful killing)