United States v. Derrick Lee
697 F. App'x 175
| 4th Cir. | 2017Background
- Derrick Deshawn Lee appealed a 96-month sentence for being a felon in possession of ammunition under 18 U.S.C. § 922(g)(1) after resentencing on remand.
- The district court applied a base offense level of 24 under USSG § 2K2.1(a)(2), treating two of Lee’s prior North Carolina convictions as crimes of violence: second-degree murder and attempted second-degree arson.
- Lee objected, arguing those prior convictions should not qualify as crimes of violence for Guidelines purposes.
- The Fourth Circuit conducted de novo review of the sentencing classifications and applied the categorical approach to evaluate whether the state statutes necessarily criminalize conduct that meets the Guidelines’ definition of a crime of violence.
- The court concluded North Carolina second-degree murder categorically involves use of force capable of causing physical pain or injury and therefore is a crime of violence.
- The court rejected Lee’s argument that Johnson invalidated the Guidelines’ enumerated/attempt provisions, relying on the Supreme Court’s subsequent ruling in Beckles to uphold classification of attempted arson as an enumerated crime of violence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether NC second-degree murder is a "crime of violence" under USSG § 4B1.2(a)(1) | Lee: his prior murder conviction should not count as a crime of violence | Government: unlawful killing necessarily involves force capable of causing physical pain or injury | Held: Yes; second-degree murder categorically involves the requisite force and is a crime of violence |
| Whether attempted arson remains an enumerated crime of violence after Johnson | Lee: Johnson undermines the residual/attempted-enumerated analysis so attempted enumerated offenses may not qualify | Government: Beckles preserves the Guidelines’ enumerated provisions; attempted arson fits the generic arson definition | Held: Rejected Lee’s argument; Beckles controls and attempted arson qualifies as an enumerated crime of violence |
Key Cases Cited
- United States v. Carthorne, 726 F.3d 503 (4th Cir. 2013) (de novo review of Guidelines classification)
- United States v. Mack, 855 F.3d 581 (4th Cir. 2017) (categorical approach for prior convictions)
- United States v. Perez-Perez, 737 F.3d 950 (4th Cir. 2013) (examining statutory definition and most innocent conduct)
- State v. Thibodeaux, 532 S.E.2d 797 (N.C. 2000) (defining NC second-degree murder)
- In re Irby, 858 F.3d 231 (4th Cir. 2017) (force defined as capable of causing physical pain or injury)
- Johnson v. United States, 135 S. Ct. 2551 (2015) (invalidated ACCA residual clause)
- Beckles v. United States, 137 S. Ct. 886 (2017) (held Johnson did not invalidate the Guidelines’ residual clause in § 4B1.2)