United States v. Baker
665 F.3d 51
| 2d Cir. | 2012Background
- Baker pled guilty to possessing a firearm as a felon under 18 U.S.C. § 922(g)(1) in Vermont; district court sentenced him under ACCA based on prior felony predicates.
- PSR listed ten prior felonies, with five qualifying as violent under 18 U.S.C. § 924(e)(2)(B); district court counted four specific predicates (two burglaries, two escapes) plus aiding an escape.
- Baker contends the three escape-related offenses do not qualify as ACCA predicates under the residual clause; district court rejected this view.
- ACCA defines violent felony and includes a residual clause for crimes with serious risk of physical injury; a modified categorical approach is used to determine whether a prior offense qualifies, based on the record of conviction.
- Vermont escape statute § 1501(a)(1) criminalizes escape from custody (as opposed to failure to report); the prior offenses were escapes, and the record supports treating them as predicates.
- Conclusion: escape from custody qualifies as a violent felony under ACCA residual clause, so the 15-year minimum applies; judgment affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Baker's escapes qualify as ACCA predicates under the residual clause | Baker argues the escapes do not reach residual-clause risk. | Government contends the escapes, under the record, meet residual-clause risk. | Escapes from custody qualify under the residual clause; sentence affirmed. |
| Whether the court used the correct record (modified categorical approach) to determine predicate elements | Baker argues the court should not look beyond the charging documents. | Government argues the modified categorical approach allows review of the plea record. | Court properly used modified categorical approach; record establishes admitted elements. |
Key Cases Cited
- United States v. Johnson, 616 F.3d 85 (2d Cir.2010) (residual-clause analysis in ACCA context)
- Sykes v. United States, 131 S. Ct. 2267 (2011) (risk assessment under residual clause; similarity to enumerated offenses)
- Begay v. United States, 553 U.S. 137 (2008) (limits of ACCA residual clause; need purposeful or deliberate risk)
- Shepard v. United States, 544 U.S. 13 (2005) (necessity of admitting elements from guilty plea records)
- United States v. Rosa, 507 F.3d 142 (2d Cir.2007) (limited to documents identifying underlying facts for ACCA predicate)