United States v. Brown
629 F.3d 290
| 2d Cir. | 2011Background
- Brown was arrested in July 2008 after selling a handgun and cocaine base; pled guilty to felon in possession of a firearm under 18 U.S.C. § 922(g)(1).
- The district court found Brown had three prior qualifying convictions to trigger the ACCA minimum sentence.
- Prior convictions include: (1) 1993 assault on a peace officer under CGS § 53a-167c(a), (2) 2000 sale of hallucinogen/narcotic under CGS § 21a-277(a), (3) 2001 parallel drug and weapons offenses under CGS § 21a-277(a) and possession of a pistol.
- The assault conviction involved injuring a corrections officer in prison, and the two drug convictions occurred on different arrests and locations.
- The district court counted the two drug convictions as separate ACCA predicates and treated the assault conviction as a violent felony under the ACCA residual clause, imposing the mandatory minimum 180 months.
- Brown challenges the two predicates count and the classification of the assault conviction; the court affirms the enhanced sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether two drug convictions count as separate ACCA predicates | Brown argues they arose from same episode | Brown contends they were single predicate offenses | Two drug offenses counted separately |
| Whether the assault of corrections officers under CGS § 53a-167c(a)(1) is a violent felony under ACCA residual clause | The offense may not fit violent felony residual clause | Conviction qualifies as violent felony | Conviction qualifies as violent felony under ACCA residual clause |
Key Cases Cited
- United States v. Daye, 571 F.3d 225 (2d Cir. 2009) (two offenses on occasions different from one another; factors include victims, location, time)
- United States v. Rideout, 3 F.3d 32 (2d Cir. 1993) (example of separate convictions for multiple offenses from different episodes)
- Begay v. United States, 553 U.S. 137 (U.S. 2008) (framework for residual clause analysis of violent felonies)
- Johnson v. United States, U.S. _, 130 S. Ct. 1265 (U.S. 2010) (categorical approach to violent felonies under ACCA residual clause)
- Canada v. Gonzales, 448 F.3d 560 (2d Cir. 2006) (divisible statute analysis for assault on a public employee under CGS § 53a-167c(a)(1))
- U.S. v. Rosa, 507 F.3d 142 (2d Cir. 2007) (authorities on ACCA applicability and appellate review standards)
- U.S. v. Houman, 234 F.3d 825 (2d Cir. 2000) (precedes on ACCA factual review standards)