United States v. Derrick Dajuan Hall
2013 U.S. App. LEXIS 7597
| 11th Cir. | 2013Background
- Hall pled guilty to felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) and received a 37‑month sentence.
- District court increased his Base Offense Level under § 2K2.1(a)(4)(A) based on a 2006 felony conviction for possession of an unregistered sawed‑off shotgun (26 U.S.C. § 5861(d)).
- After a three‑level reduction for acceptance of responsibility, the sentence was at the top of the 30–37 month guideline range.
- Hall appealed contending the 2006 conviction does not qualify as a crime of violence under the Guidelines.
- The government contends the § 4B1.2 commentary explicitly treats unlawful firearm possession as a crime of violence, binding under Stinson.
- The court applies Begay‑Taylor framework (categorical approach) but relies on the § 4B1.2 commentary as binding authority.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does possession of an unregistered sawed‑off shotgun qualify as a crime of violence? | Hall: not roughly similar to enumerated residual clause crimes under ACCA, thus not a COV. | Government: § 4B1.2 cmt. n.1 lists possession as a crime of violence; commentary authoritative under Stinson. | Yes; possession qualifies as a crime of violence under the Guidelines. |
Key Cases Cited
- United States v. Cortes-Salazar, 682 F.3d 953 (11th Cir. 2012) (binds de novo review of crime of violence under Guidelines; commentary binding if valid)
- United States v. Chitwood, 676 F.3d 971 (11th Cir. 2012) (confirms use of Begay residual‑clause framework and binding commentary)
- Begay v. United States, 553 U.S. 137 (U.S. 2008) (defines 'serious potential risk' and similarity to enumerated crimes)
- Stinson v. United States, 508 U.S. 36 (U.S. 1993) (guidelines commentary binding unless unconstitutional or inconsistent with text)
- United States v. Beckles, 565 F.3d 832 (11th Cir. 2009) (commentary binding; acknowledges advisory status of Guidelines but binding interpretations)
- United States v. Archer, 531 F.3d 1347 (11th Cir. 2008) (notes guideline/ACCA similarity for purposes of analysis)
- Rozier v. United States, 701 F.3d 681 (11th Cir. 2012) (acknowledges residual clause interpretive context and Begay lineage)
- United States v. McGill, 618 F.3d 1273 (11th Cir. 2010) (possession, not use, of a sawed‑off shotgun not ‘similar in kind’ to enumerated ACCA offenses)
- Hall v. United States, — (—) (no separate citation; referenced for discussion of Begay/possession issues)