United States v. Basilio Amaury Bron, Jr.
709 F. App'x 551
| 11th Cir. | 2017Background
- Defendant Basilio Bron, Jr. convicted after bench trial for possession of a firearm as a convicted felon in violation of 18 U.S.C. § 922(g)(1) and sentenced to 87 months.
- Bron moved to dismiss, arguing § 922(g)(1) exceeds Congress’s Commerce Clause power as applied to purely intrastate possession and that the government failed to prove the required nexus.
- The government proved Bron was a convicted felon who possessed a firearm that had been manufactured outside Florida (thus it had traveled in interstate commerce).
- At sentencing the district court treated Bron’s prior Florida felony-battery conviction (Fla. Stat. § 784.041) as a “crime of violence” and applied the enhanced base offense level under U.S.S.G. § 2K2.1(a)(2).
- Bron challenged (1) constitutionality and sufficiency of evidence for § 922(g)(1) conviction, (2) classification of his felony-battery conviction as a crime of violence, and (3) (briefly) vagueness of the Guidelines’ residual clause.
- The Eleventh Circuit affirmed both the conviction and the sentence.
Issues
| Issue | Bron’s Argument | Government’s Argument | Held |
|---|---|---|---|
| Whether § 922(g)(1) is constitutional as applied to purely intrastate possession | § 922(g)(1) cannot be applied without showing a substantial effect on interstate commerce | § 922(g)(1) is constitutional where the firearm has a minimal nexus to interstate commerce (e.g., previously traveled interstate) | Court: § 922(g)(1) constitutional; minimal nexus (gun traveled in interstate commerce) suffices |
| Whether evidence was sufficient to prove the interstate-commerce nexus for § 922(g)(1) conviction | Government failed to show substantial interstate effect or nexus | Government showed the firearm was manufactured outside the state and thus traveled in interstate commerce | Court: Evidence sufficient; proof the gun moved in interstate commerce meets the minimal nexus requirement |
| Whether prior Florida felony-battery conviction qualifies as a "crime of violence" for U.S.S.G. § 2K2.1(a)(2) | Bron: conviction should be assessed by underlying conduct (or his charged aggravated-battery variant), not statute of conviction; contends it is not a categorical crime of violence | Government: look to the statute of conviction (Fla. Stat. § 784.041); felony battery is categorically a crime of violence under the elements clause | Court: Use statute of conviction; Florida felony battery is categorically a crime of violence under the elements clause; enhancement proper |
| Whether the Guidelines’ residual clause is unconstitutionally vague | Bron asserted residual clause vagueness | After briefing, Beckles held the Guidelines’ residual clause (in § 4B1.2) is not void for vagueness | Court: Beckles resolves vagueness claim inapplicable; no relief on that ground |
Key Cases Cited
- United States v. McAllister, 77 F.3d 387 (11th Cir.) (upholding § 922(g) based on minimal nexus/interstate-travel of the firearm)
- United States v. Scott, 263 F.3d 1270 (11th Cir.) (reaffirming McAllister’s minimal-nexus rule)
- United States v. Jordan, 635 F.3d 1181 (11th Cir.) (reiterating § 922(g)(1) is facially constitutional with jurisdictional requirement)
- United States v. Lopez, 514 U.S. 549 (1995) (limits on Commerce Clause; distinguished from § 922(g) analysis)
- Scarborough v. United States, 431 U.S. 563 (1977) (discusses minimal-nexus requirement for predecessor statute)
- Gonzales v. Raich, 545 U.S. 1 (2005) (upholding regulation of intrastate activity as part of broader economic regulation)
- National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012) (addressed Commerce Clause in different context; not held to abrogate McAllister/Scott)
- United States v. Palomino Garcia, 606 F.3d 1317 (11th Cir.) (use statute and judgment of conviction to determine predicate offenses)
- United States v. Estrella, 758 F.3d 1239 (11th Cir.) (de novo review whether prior conviction is a crime of violence; cannot rely on underlying conduct)
- Beckles v. United States, 137 S. Ct. 886 (2017) (held career-offender Guidelines’ residual clause not void for vagueness)