436 F. App'x 343
5th Cir.2011Background
- Arteaga convicted of felon in possession of a firearm under 18 U.S.C. § 922(g)(1) and possession of a stolen firearm under § 922(j).
- Evidence showed a stolen revolver traveled in interstate commerce and was found in Sonnier’s home; Arteaga admitted possession in a police statement.
- Defense argued insufficient evidence of possession and challenged knowledge that the firearm was stolen; court denied Rule 29 motion.
- Probation officer recommended ACCA sentencing enhancement based on three prior violent felonies; district court disagreed about one Louisiana conviction.
- Court affirmed convictions, vacated sentence and remanded for ACCA-related re-sentencing; did not address Guidelines enhancement pending new ACCA ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence on possession of the firearm | Arteaga argues the evidence does not prove possession. | Arteaga contends there is insufficient possession evidence. | Sufficient evidence supports possession. |
| Knowledge that the firearm was stolen (ACCA impact) | Arteaga argues insufficient proof of knowledge the firearm was stolen. | Arteaga argues possession alone; knowledge not proven. | Knowledge sufficiency reviewed de novo; conviction not vacated (waived ground preserved). |
| Whether attempted unauthorized entry of an inhabited dwelling is a violent felony under ACCA | Government argues it falls within ACCA residual clause as violent felony. | Arteaga contends it does not qualify as violent felony. | Unauthorized entry is a violent felony; ACCA applies. |
| Effect of ACCA determination on sentencing range | Government seeks ACCA enhancement based on prior convictions. | Disagreement on which convictions qualify as violent felonies. | Remand for re-sentencing under § 924(e) consistent with this opinion. |
Key Cases Cited
- Claiborne v. United States, 132 F.3d 253 (5th Cir. 1998) (residual clause approach to crimes of violence)
- O’Connor v. United States, 682 F.3d 894 (5th Cir. 2011) (followed Claiborne; residual clause analysis post-Begay/Chambers)
- United States v. James, 550 U.S. 192 (2007) (attempted burglary as violent felony under ACCA)
- Sykes v. United States, 131 S. Ct. 2267 (2011) (clarified residual clause analysis for crimes not strict liability)