928 F.3d 714
8th Cir.2019Background
- Dominic L. Smith pleaded guilty to being a felon in possession of a firearm under 18 U.S.C. § 922(g).
- The district court applied U.S.S.G. § 2K2.1(a)(1), calculating a base offense level of 26 based on at least two prior felonies that were crimes of violence or controlled substance offenses.
- After adjustments, Smith’s advisory Guidelines range was 151–188 months, but the statutory maximum limited his sentence to 120 months; the court imposed the statutory maximum.
- On appeal, Smith conceded a prior controlled-substance conviction but for the first time argued that his Arkansas aggravated robbery conviction did not qualify as a "crime of violence."
- The Eighth Circuit reviewed that challenge for plain error and considered whether Arkansas robbery/aggravated robbery meets the Guidelines’ definition of a crime of violence under the elements (force) clause and the enumerated-offenses clause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Arkansas aggravated robbery is a "crime of violence" for U.S.S.G. § 2K2.1(a)(1) | Smith: Arkansas aggravated robbery does not require the level of "force" the elements clause demands, so it is not a crime of violence | Government/District Court: Arkansas robbery requires sufficient force to overcome resistance and thus qualifies as a crime of violence; aggravated robbery includes robbery as a lesser-included offense | Held: Arkansas robbery and aggravated robbery are crimes of violence; district court properly categorized Smith’s prior conviction as a crime of violence. |
Key Cases Cited
- United States v. Eason, 829 F.3d 633 (8th Cir. 2016) (prior holding that Arkansas robbery did not meet earlier understanding of ACCA force clause)
- Stokeling v. United States, 139 S. Ct. 544 (2019) (held elements clause requires force sufficient to overcome resistance, aligning elements-clause force with common-law robbery)
- United States v. Swopes, 886 F.3d 668 (8th Cir. 2018) (en banc) (interpreted Missouri robbery as requiring force to overcome resistance; applied the Stokeling approach)
- United States v. Furqueron, 605 F.3d 612 (8th Cir. 2010) (describing categorical approach to crimes of violence under the Guidelines)
- United States v. Watson, 650 F.3d 1084 (8th Cir. 2011) (noting de novo review for Guidelines interpretation)
- United States v. Miller, 557 F.3d 910 (8th Cir. 2009) (plain-error framework reference)
- Johnson v. United States, 559 U.S. 133 (2010) (discussed in relation to required level of force under the elements clause)