United States v. Black
2011 U.S. App. LEXIS 4388
7th Cir.2011Background
- Black pleaded guilty to bank robbery by use of a dangerous weapon and was sentenced after PSR-guided enhancements.
- PSR recommended enhancements for >$10,000, financial institution, firearm use, physical restraint, bodily injury, obstruction, and career offender status.
- District court adopted most PSR findings, including a six-level firearm enhancement, a two-level restraint enhancement, a one-level >$10,000–$50,000 enhancement, a two-level obstruction enhancement, and a career offender designation.
- Black contested the career-offender status, the physical-restraint enhancement, and the denial of an acceptance-of-responsibility reduction.
- Black's prior convictions included a 2000 case for possession with intent to deliver cannabis and two 1999 cases (possession with intent to deliver), used to support the career-offender status.
- Court affirmed the district court’s enhancements and rejected Black’s challenges, imposing a 262-month sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Black qualifies as a career offender | Black contends two prior convictions are not qualifying offenses. | PSR inaccuracies create real doubt about qualifying status. | Court affirms career offender status; categorical approach applied; prior offenses qualify. |
| Whether the physical restraint enhancement is proper | The restraint by Issac is conduct that satisfies the guideline's restraint concept. | Actions do not resemble enumerated examples; Begay guidance should limit scope. | Court affirms; restraint by moving a victim within the scene constitutes physical restraint. |
| Whether the denial of acceptance of responsibility was proper | Plea and cooperation support responsibility; obstruction should be minimal. | Obstruction was minimal and extraordinary circumstances exist for acceptance. | Court affirms denial of acceptance of responsibility; obstruction and overall conduct negate extraordinary-circumstances relief. |
Key Cases Cited
- Shepard v. United States, 544 U.S. 13 (2005) (limits on using extra-record materials to prove offenses in career-offender analysis)
- United States v. Thigpen, 456 F.3d 766 (2006) (requires categorical approach; cannot rely on police reports for elements)
- United States v. Aviles-Solarzano, 623 F.3d 470 (2010) (extends Shepard principles to guideline applications)
- United States v. Woods, 576 F.3d 400 (2009) (categorical vs. factual analysis in prior offenses)
- United States v. Taylor, 620 F.3d 812 (2010) (physical-restraint enhancement upheld; discussion of scope of restraint)