United States v. Boyce
2011 U.S. App. LEXIS 3809
| 8th Cir. | 2011Background
- Boyce pled guilty to possession of a firearm by a felon under 18 U.S.C. § 922(g).
- The district court declined to apply the ACCA and impose a 15-year minimum; Boyce received 37 months.
- PSR showed three prior felonies; two were violent felonies under ACCA (manslaughter and burglary/kidnap/rape).
- Whether the 1986 Missouri conviction for possession of a weapon in a correctional facility qualifies as a violent felony under ACCA was disputed.
- Johnson v. United States held that the residual clause is not interpreted in that case; the district court relied on it to exclude the Missouri conviction.
- Court must determine, de novo, if the Missouri conviction is a violent felony under the ACCA residual clause, Begay/Chambers two-part test applied to residual clause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether possession of a weapon in a correctional facility is a violent felony under ACCA. | Government contends it qualifies as violent under residual clause. | Boyce argues it does not meet the residual clause test. | Yes; it qualifies under the residual clause after Begay/Chambers analysis. |
Key Cases Cited
- Begay v. United States, 553 U.S. 137 (2008) (two-part test for residual clause: serious risk and similarity to listed offenses)
- Chambers v. United States, 555 U.S. 122 (2009) (refines Begay's similarity standard for residual clause)
- Johnson v. United States, 130 S. Ct. 1265 (2010) (limits interpretation of residual clause in context of case—not controlling this case's issue)
- Vincent, 575 F.3d 820 (2009) (possession of dangerous weapon in prison can be violent, aggressive)
- Zuniga, 553 F.3d 1330 (2009) (possession of weapon in prison indicates readiness to commit violence)
- Polk, 577 F.3d 515 (3d Cir. 2009) (post-Begay analysis on prison weapon possession)