United States v. Dallas Maynard
894 F.3d 773
6th Cir.2018Background
- Defendant Dallas Maynard pleaded guilty to possession of an explosive as a felon under 18 U.S.C. § 842(i)(1) after stealing blasting agent.
- Presentence Report treated two prior felony convictions (Kentucky second-degree assault with extreme emotional disturbance (EED) and a West Virginia felony assault) as “crimes of violence,” setting a Guidelines base offense level of 24 under U.S.S.G. § 2K1.3(a)(1).
- Maynard objected, arguing neither prior conviction qualified as a crime of violence; the district court accepted the West Virginia offense was not violent but rejected the objection as to the Kentucky EED assault.
- With one qualifying prior, the Guidelines base offense level became 20; the court sentenced Maynard to 108 months (below Guidelines).
- Maynard appealed only the district court’s conclusion that the Kentucky assault under EED is a "crime of violence;" the Sixth Circuit reviewed that legal question de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Kentucky assault under extreme emotional disturbance (KRS § 508.040) is a “crime of violence” under the Guidelines’ elements clause | Maynard: EED mitigation means the offense need not involve use of physical force, so it does not meet the elements clause | Government: The statute applies only when the underlying assault requires intentionally causing physical injury, which satisfies the elements clause | The statute requires proving intentional physical injury, so it qualifies as a crime of violence; district court affirmed |
Key Cases Cited
- United States v. Denson, 728 F.3d 603 (6th Cir. 2013) (standard of review for whether a prior conviction is a crime of violence)
- United States v. Patterson, 853 F.3d 298 (6th Cir. 2017) (use of ACCA elements-clause precedent to interpret Guidelines’ elements clause)
- United States v. Colbert, [citation="525 F. App'x 364"] (6th Cir. 2013) (holding Kentucky assault under EED retains the intent element and is a violent felony under the ACCA)
- United States v. Knox, [citation="593 F. App'x 536"] (6th Cir. 2015) (concluding Kentucky assault under EED is a crime of violence under the Guidelines)
- United States v. Anderson, 695 F.3d 390 (6th Cir. 2012) (precedent cited in concurrence supporting that statutes requiring knowledge/intent satisfy elements-clause analysis)
- Begay v. United States, 553 U.S. 137 (2008) (framework distinguishing crimes that are similar in kind to listed violent felonies)