United States v. Artavius Smith
17-10616
5th Cir.Aug 3, 2020Background
- In 2016 Artavius Dontrell Smith pleaded guilty to being a felon in possession of a firearm, possession of ammunition as a felon, and possession with intent to distribute cocaine.
- The district court applied the Armed Career Criminal Act (ACCA) enhancement and sentenced Smith to 188 months’ imprisonment.
- The enhancement relied on four prior juvenile-era offenses from 2008–2009: two burglaries dated 09/30/2008, one burglary dated 02/26/2009, and one aggravated robbery dated 04/09/2009.
- Smith argued on appeal that none of these convictions qualified as ACCA "violent felonies," and that the two September 30, 2008 burglaries were not shown to be committed on separate occasions as required by the ACCA.
- The Fifth Circuit rejected Smith’s arguments, relying on binding precedent that Texas burglary is a generic burglary (and thus an ACCA violent felony) and that Texas aggravated robbery is likewise a violent felony.
- The court affirmed the ACCA enhancement and Smith’s sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Texas burglary qualifies as an ACCA "violent felony" | Texas burglary is nongeneric and therefore does not categorically qualify | Herrold II and subsequent Fifth Circuit precedent treat Texas burglary as generic and qualifying | Texas burglary is a categorical ACCA violent felony; Smith’s burglary convictions qualify |
| Whether the two 09/30/2008 burglaries were committed on separate occasions | The government cannot prove the two September 30 entries were separate occasions, so they cannot both count | Even if the two 09/30 convictions merged, Smith still has at least three qualifying predicates | Even assuming the two 09/30 burglaries are not separate, Smith has at least three qualifying convictions (including other burglary and aggravated robbery) |
| Whether Texas aggravated robbery is an ACCA "violent felony" | Aggravated robbery should not count as a violent felony | Fifth Circuit precedent holds Texas aggravated robbery is a violent felony | Aggravated robbery counts as an ACCA violent felony |
| Sufficiency of predicates to support ACCA enhancement | None of the priors qualify, so ACCA enhancement improper | At least three qualifying convictions exist (burglaries and aggravated robbery) | ACCA enhancement was proper; sentence affirmed |
Key Cases Cited
- United States v. Herrold, 941 F.3d 173 (5th Cir. 2019) (en banc) (holds Texas burglary is generic and an ACCA violent felony)
- United States v. Griffin, 946 F.3d 759 (5th Cir. 2020) (describes ACCA enhancement framework)
- United States v. Burris, 920 F.3d 942 (5th Cir. 2019) (recognizes Texas aggravated robbery as an ACCA violent felony)
- United States v. Lopez-Velasquez, 526 F.3d 804 (5th Cir. 2008) (explains binding effect of circuit precedent)