United States v. Carlos Fallins, 706 F. App'x 309

Carlos Fallins pled guilty in 2013 to being a felon in possession of a firearm (18 U.S.C. § 922(g)).
The PSR identified three ACCA predicates: a 1995 Tennessee robbery, a 1997 attempted aggravated arson, and a 2005 drug-for-resale conviction; with those three predicates he received a 195-month ACCA sentence.
On initial appeal this court affirmed the ACCA designation based on the residual clause; the Supreme Court’s decision in Johnson v. United States later invalidated that residual clause, vacating the judgment and remanding for resentencing.
At resentencing the government argued the Tennessee attempted-aggravated-arson conviction qualified under the ACCA’s elements clause (use of physical force against another); the district court agreed and again imposed a 195-month ACCA sentence.
The Sixth Circuit reviewed de novo and applied the categorical approach, asking whether Tennessee’s elements necessarily include the use, attempted use, or threatened use of physical force against another person.
The court concluded Tennessee aggravated arson (and an attempt) can be committed when only the defendant is present (Tenn. Code Ann. § 39-11-106 definition of "person" and State v. Nelson), so the offense does not necessarily involve force against another person; therefore it cannot qualify under the ACCA elements clause.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Fallins’s 1997 attempted aggravated arson conviction qualifies as an ACCA "violent felony" under the elements clause (18 U.S.C. § 924(e)(2)(B)(i)).	Fallins: the Tennessee offense does not necessarily involve force against another person, so it is not a "violent felony."	Government: aggravated arson (and attempt) involves conduct that poses risk and thus qualifies under the elements clause as involving the use or attempted use of physical force against another.	The Sixth Circuit held the conviction does not categorically satisfy the elements clause because Tennessee law permits conviction when no other person is present; reversed ACCA designation and remanded for resentencing.

United States v. Fallins, 777 F.3d 296 (6th Cir. 2015) (earlier appeal affirming sentence based on residual clause)
Johnson v. United States, 135 S. Ct. 2551 (2015) (invalidating ACCA residual clause as unconstitutionally vague)
Moncrieffe v. Holder, 133 S. Ct. 1678 (2013) (categorical approach; realistic-probability admonition)
Begay v. United States, 553 U.S. 137 (2008) (categorical approach to ACCA violent-felony analysis)
United States v. Patterson, 853 F.3d 298 (6th Cir. 2017) (elements-clause interpretation guidance)
State v. Nelson, 23 S.W.3d 270 (Tenn. 2000) (Tennessee Supreme Court construing "person" to include defendant for aggravated arson)