United States v. Benton
876 F.3d 1260
10th Cir.2017Background
- Defendant Wayne C. Benton pled guilty to being a felon in possession of a firearm (18 U.S.C. §§ 922(g)(1), 924(a)(2)).
- The Presentence Investigation Report treated Benton’s 2006 Kansas conviction for aggravated assault with a deadly weapon (Kan. Stat. Ann. § 21-3410(a)) as a “crime of violence” under U.S.S.G. § 4B1.2(a)(1), triggering a six-level enhancement under U.S.S.G. § 2K2.1(a)(4).
- The Kansas aggravated-assault statute requires intentionally placing another in reasonable apprehension of immediate bodily harm and, under § 21-3410(a), doing so with a deadly weapon.
- Benton objected, arguing the Kansas offense does not satisfy the Guidelines’ elements clause because (1) «threatening bodily harm» is not the same as threatening physical force, and (2) the statute does not necessarily require violent physical force as defined by the Supreme Court.
- The district court overruled Benton’s objection, concluding the Kansas offense necessarily involves the use or threatened use of violent physical force, and sentenced Benton to 115 months (top of Guidelines range). The Tenth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Benton’s Kansas aggravated-assault-with-a-deadly-weapon conviction is a "crime of violence" under U.S.S.G. § 4B1.2(a)(1) | Government: § 21-3410(a) necessarily involves the use, attempted use, or threatened use of physical force and thus qualifies | Benton: (1) Threatening bodily harm is not the same as threatening physical force; (2) The statute can be satisfied with less-than-violent force (e.g., harmless object) and therefore does not require violent physical force | Affirmed: § 21-3410(a) necessarily involves threatened violent physical force and qualifies as a predicate under § 4B1.2(a)(1) |
Key Cases Cited
- Curtis Johnson v. United States, 559 U.S. 133 (2010) (defines "physical force" as force capable of causing physical pain or injury)
- United States v. Castleman, 572 U.S. 157 (2014) (holding bodily injury cannot occur without applying force; physical force may be indirect)
- United States v. Taylor, 843 F.3d 1215 (10th Cir. 2016) (assault with a dangerous weapon always constitutes sufficient threat of force under § 4B1.2(a)(1))
- United States v. Maldonado-Palma, 839 F.3d 1244 (10th Cir. 2016) (de novo review of guideline interpretation; use of guideline text and commentary)
- United States v. Reyes-Alfonso, 653 F.3d 1137 (10th Cir. 2011) (courts consider guideline language and Sentencing Commission commentary in interpretation)