United States v. Baxter
2011 U.S. App. LEXIS 8476
| 4th Cir. | 2011Background
- Baxter pled guilty to one count of 18 U.S.C. § 922(g)(1) possession of a firearm by a felon and was sentenced under ACCA to 180 months.
- The government sought ACCA enhancement based on Baxter’s 1976 Virginia burglary conviction.
- Virginia’s burglary statute (Va. Code Ann. § 18.2-90) was broader than the generic ‘burglary’ defined in Taylor, potentially encompassing non-building structures.
- At sentencing, the government offered an indictment, a guilty-plea order, and a sentence order as basis for a building-entry finding.
- Baxter did not object to considering these documents, but argued the indictment’s use of ‘shop’ did not prove entry into a building.
- The district court held the Virginia statute could still qualify under Taylor with Shepard, and affirmed the ACCA predicate finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Baxter’s Virginia burglary conviction qualifies as an ACCA predicate | Baxter | Baxter | Yes; Virginia statute can qualify under Taylor as building-entry burglary. |
| Whether the indictment/plea documents can show entry into a building for Taylor | Baxter | Baxter | Yes; courts may rely on Shepard materials to prove elements for a guilty plea. |
| Whether Graybeal controls the interpretation of Virginia’s burglary statute | Baxter | Baxter | Graybeal governs; evidence supports entry into a building under the statute. |
Key Cases Cited
- Taylor v. United States, 495 U.S. 575 (1990) (defines generic burglary as unlawful entry into a building with intent to commit a crime)
- Shepard v. United States, 544 U.S. 13 (2005) (allows consideration of certain court documents to establish elements for a prior conviction)
- Graybeal v. Commonwealth, 228 Va. 736, 324 S.E.2d 698 (1985) (limits ‘other house’ interpretation; emphasizes structure affixed to ground and not non-realty structures)
- Johnson v. United States, 559 U.S. 133 (2010) (state Supreme Court interpretation binds ACCA predicate analysis)
- United States v. White, 571 F.3d 365 (4th Cir. 2009) (categorical approach for determining violent felonies under ACCA)