United States v. Eddie Fraker, 458 F. App'x 461

Fraker pled guilty to being a felon in possession of a firearm, tied to the 2007 burglary and theft of a shotgun.
In his plea, Fraker acknowledged possession/sale of the shotgun between December 2007 and January 2008 and that ACCA could affect his sentence.
PSR: base offense level 24, +2 for stolen firearm, +4 for quantity, plus three violent felonies (robbery, two aggravated burglaries) raising to level 33; minus 3 for acceptance of responsibility, total level 30; history category VI.
Guidelines would yield 168–210 months, but ACCA imposes a 180-month mandatory minimum sentence due to three predicate offenses.
Fraker challenged whether his robbery and aggravated burglaries were valid ACCA predicates; district court found two aggravated burglaries and robbery valid, but not the attempted burglary, and imposed 180 months.
Fraker argued the robbery was not a violent felony under ACCA and that Shepard documents were not timely presented; the district court nevertheless found ACCA predicate status and imposed the minimum.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the robbery predicate satisfies ACCA violent-felony requirement	Fraker asserts the Tennessee robbery statute may rely on fear, not violent force.	Fraker contends the government failed to prove violence via Shepard records for nongeneric statute.	Robbery predicate valid; violence established by plea admission and record.
Whether Shepard documents were timely presented to support predicate	Fraker claims Shepard documents were not furnished before sentencing.	Government may supplement with Shepard records at sentencing; no error in record supplementation.	No reversible error; supplementation proper; predicate established.
Whether two aggravated burglaries constitute ACCA predicates	Fraker contends aggravated burglaries may not qualify if not inherently violent.	Aggravated burglary convictions qualify as violent felonies under ACCA.	Two aggravated burglaries count as predicates; Fraker remains armed career criminal.

Johnson v. United States, 559 U.S. 133 (Supreme Court 2010) (definitional violence under ACCA)
Taylor v. United States, 495 U.S. 575 (Supreme Court 1990) (nongeneric statutes require violence elements be proven)
Shepard v. United States, 544 U.S. 13 (Supreme Court 2005) (allows use of charging documents/plea records to prove elements)
United States v. Goodman, 519 F.3d 310 (6th Cir. 2008) (government bears burden to prove ACCA predicates)
United States v. Vanhook, 640 F.3d 706 (6th Cir. 2011) (de novo review of armed career criminal determinations)