United States v. Davis
2012 U.S. App. LEXIS 7419
| 1st Cir. | 2012Background
- Davis was sentenced as a career offender under § 4B1.1 based on two prior Massachusetts convictions for crimes of violence.
- At sentencing, Davis did not object to the career offender designation, and the PSR described his adult offenses.
- Holloway and McGhee (post-sentencing developments) cast doubt on whether a Massachusetts youthful offender/juvenile record can serve as a predicate.
- The 2006 adult resisting arrest conviction is clearly a predicate; the 2006 assault and battery is contested as a predicate.
- The district court treated the 2006 assault and battery as a violence predicate in calculating the advisory range.
- Davis appealed claiming plain error in relying on the assault-and-battery characterization under Holloway.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Davis's 2006 assault and battery qualifies as a predicate | Davis; Davis argues assault and battery may be non-violent or not a predicate. | Stability of the record supports treating it as violent under 4B1.1. | No clear predicate; held as plain error analysis but affirmed due to prejudice failure. |
| Whether juvenile records can serve as predicates under 4B1.1 | McGhee holds youth records do not qualify. | Court may rely on other records showing violence to support predicate. | Juvenile records cannot serve as adult predicates; plain error not shown to reverse. |
| Whether the proper plain error standard was satisfied to overturn the sentence | Davis contends plain error should be shown in relying on a predicate. | No clear error or prejudice proven; district court's starting point remains valid. | Prejudice not shown; court affirms. |
Key Cases Cited
- United States v. Holloway, 630 F.3d 252 (1st Cir. 2011) (defines categorical approach for crimes of violence in 4B1.1)
- Begay v. United States, 553 U.S. 137 (U.S. 2008) (categorical approach to violent felonies under ACCA and 4B1.1 relevance)
- Shepard v. United States, 544 U.S. 13 (U.S. 2005) (permissible documents to determine offense of conviction)
- United States v. Giggey, 589 F.3d 38 (1st Cir. 2009) (identifying offense of conviction when multiple offenses cover violence/non-violence)
- United States v. Almenas, 553 F.3d 27 (1st Cir. 2009) (resisting arrest as a crime of violence predicate)
- United States v. McGhee, 651 F.3d 153 (1st Cir. 2011) (Massachusetts youthful offender violations do not qualify as predicates)