615 F. App'x 160
4th Cir.2015Background
- Defendant Billy Ray Thompson pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1), 924(e)(1).
- District court treated Thompson’s prior North Carolina breaking-or-entering convictions as ACCA violent-felony predicates and imposed the 15-year mandatory minimum sentence.
- Thompson objected that the North Carolina statute is broader than the generic burglary definition and thus cannot serve as an ACCA predicate.
- He also argued the ACCA sentence violated his Fifth and Sixth Amendment rights because the facts elevating his sentence were not alleged in the indictment.
- The district court overruled the statutory challenge and imposed the ACCA sentence; Thompson appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether N.C. breaking-or-entering qualifies as generic burglary for ACCA | Thompson: N.C. statute is broader than generic burglary and thus not an ACCA predicate | Government: State statute, as interpreted by N.C. Supreme Court, matches generic burglary | Court: Foreclosed by precedent (Mungro); N.C. offense counts as burglary under ACCA |
| Whether imposing ACCA sentence based on prior-conviction facts not alleged in indictment violates Fifth/Sixth Amendments | Thompson: Court relied on facts not alleged in indictment to apply ACCA, violating jury/trial rights | Government: Application of ACCA based on prior convictions is lawful; no plain error | Court: Reviewed for plain error and found none; no Fifth/Sixth Amendment violation |
Key Cases Cited
- United States v. Mungro, 754 F.3d 267 (4th Cir.) (held N.C. breaking-or-entering does not sweep more broadly than generic burglary)
- United States v. Henriquez, 757 F.3d 144 (4th Cir. 2014) (addressed Maryland offense breadth relative to generic burglary)
- United States v. Hemingway, 734 F.3d 323 (4th Cir. 2013) (prior decision not controlling when issue was not contested in that case)
- United States v. Obey, 790 F.3d 545 (4th Cir.) (standard for plain-error review of appellate First time claims)
- United States v. Span, 789 F.3d 320 (4th Cir.) (analysis finding no plain error in ACCA sentence application)
- United States v. Thompson, 421 F.3d 278 (4th Cir.) (discusses sentencing and Sixth Amendment principles)