United States v. Dexter Chance, Jr.
694 F. App'x 154
| 4th Cir. | 2017Background
- Defendant Dexter Laverne Chance, Jr. pled guilty to being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2).
- At sentencing (Feb. 10, 2016), the district court applied USSG § 2K2.1(a)(4)(A) to set a base offense level of 20 based on a prior felony conviction for a "crime of violence."
- Chance had a prior North Carolina conviction for common law robbery.
- Chance challenged the enhancement on appeal, arguing his prior robbery conviction should not qualify as a "crime of violence" under USSG § 4B1.2(a) (2015).
- The Fourth Circuit reviewed for procedural reasonableness and whether the Guidelines range was properly calculated.
- The court affirmed the sentence, holding the prior common law robbery conviction qualified as a crime of violence under the Guidelines' residual clause.
Issues
| Issue | Plaintiff's Argument (Chance) | Defendant's Argument (Gov't) | Held |
|---|---|---|---|
| Whether Chance's base offense level was improperly enhanced under USSG § 2K2.1(a)(4)(A) because his prior conviction is not a "crime of violence" | The prior North Carolina common law robbery conviction does not qualify as a "crime of violence" for purposes of § 4B1.2(a) and thus should not trigger the § 2K2.1 enhancement | The prior common law robbery conviction qualifies as a "crime of violence" under the residual clause of § 4B1.2(a), so the enhancement was proper | The Fourth Circuit held the prior common law robbery conviction is a "crime of violence" under § 4B1.2(a)(2) residual clause and affirmed the enhancement |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (procedural-reasonableness review and sentencing explanation requirements)
- United States v. Evans, 526 F.3d 155 (defining procedural sentencing errors on appeal)
- United States v. Lynn, 592 F.3d 572 (standard of review for preserved sentencing objections)
- United States v. Horton, 693 F.3d 463 (de novo legal review and clear-error factual review when assessing Guidelines calculations)
- United States v. Jarmon, 596 F.3d 228 (holding North Carolina larceny from the person is a "crime of violence" under the § 4B1.2 residual clause)