24 F.4th 1017
5th Cir.2022Background:
- Bates, a convicted felon, was sentenced to 71 months after conviction for being a felon in possession of a firearm; the district court applied a Guidelines enhancement under U.S.S.G. § 2K2.1(a)(4)(A) based on a prior Texas conviction for assault of a public servant.
- Texas assault of a public servant (Tex. Penal Code § 22.01(b)(1)) can be committed with a mens rea of recklessness.
- The enhancement turns on whether the prior offense qualifies as a "crime of violence" under the Sentencing Guidelines’ elements clause (U.S.S.G. § 4B1.2(a)(1)).
- The Fifth Circuit initially affirmed based on circuit precedent holding that the Texas offense qualified under the elements clause.
- The Supreme Court granted review, vacated, and remanded the earlier Fifth Circuit judgment in light of Borden v. United States.
- On remand, the Fifth Circuit applied Borden and its own subsequent decisions and held that offenses that can be committed recklessly do not qualify under the Guidelines’ elements clause; the court vacated Bates’s sentence and remanded for resentencing.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a prior Texas assault of a public servant (which can be committed recklessly) qualifies as a "crime of violence" under the Sentencing Guidelines’ elements clause, justifying a §2K2.1 enhancement | Government: enhancement proper because prior offense qualifies as a crime of violence under controlling circuit precedent | Bates: under Borden, offenses that can be committed recklessly cannot satisfy the elements clause, so enhancement improper | Held: Reckless offenses do not qualify under the elements clause; enhancement was improperly applied — sentence VACATED and case REMANDED for resentencing |
Key Cases Cited
- Borden v. United States, 141 S. Ct. 1817 (2021) (plurality holding that crimes committed recklessly cannot qualify under the ACCA elements clause)
- Marks v. United States, 430 U.S. 188 (1977) (framework for interpreting fractured Supreme Court decisions)
- Johnson v. United States, 576 U.S. 591 (2015) (holding the ACCA residual clause unconstitutionally vague)
- Voisine v. United States, 136 S. Ct. 2272 (2016) (concerning mens rea and violent-felony-type definitions)
- United States v. Anderson, 559 F.3d 348 (5th Cir. 2009) (noting Texas assault of a public servant can be committed recklessly)
- United States v. Bates, [citation="797 F. App'x 888"] (5th Cir. 2020) (earlier panel decision affirming application of the enhancement)
- United States v. Greer, 20 F.4th 1071 (5th Cir. 2021) (holding Borden governs what qualifies as a crime of violence under the Sentencing Guidelines)
(Disposition: Sentence vacated and remanded for resentencing.)