United States v. Eric Franklin
904 F.3d 793
9th Cir.2018Background
- Eric Franklin was convicted in 2013 of being a felon in possession of a firearm (18 U.S.C. § 922(g)) and Washington drug-trafficking offenses; convictions were affirmed but remanded for resentencing; on remand the district court applied the ACCA and imposed a 15-year mandatory minimum based on three prior Washington unlawful delivery convictions.
- The district court treated each Washington conviction under Wash. Rev. Code § 69.50.401 as a § 924(e)(2)(A) “serious drug offense.”
- The legal question: whether Washington’s accomplice-liability standard (mens rea = knowledge) makes § 69.50.401 categorically broader than the ACCA’s federal “serious drug offense” definition (which incorporates generic accomplice liability).
- This panel follows United States v. Valdivia-Flores, which held that Washington’s accomplice statute is broader than the federal aiding-and-abetting standard because Washington requires only knowledge, not the federal-specific-intent mens rea.
- The Ninth Circuit considered and rejected multiple government arguments aiming to avoid Valdivia-Flores, including (1) that federal law should not inform the generic definition here, and (2) that the ACCA’s use of the word “involving” obviates the need to consider accomplice liability.
- Holding: Washington’s accomplice liability renders Wash. Rev. Code § 69.50.401 broader than a generic “serious drug offense” under the ACCA; Franklin’s ACCA sentence was therefore improper and is vacated and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Washington’s accomplice-liability mens rea (knowledge) prevents § 69.50.401 from categorically matching the ACCA’s "serious drug offense" | Franklin: Washington’s statute is broader because it allows conviction based on mere knowledge, not the federal-specific-intent required of accomplices | Government: The ACCA’s text ("involving") or its focus on state-law offenses means federal accomplice standards need not be imported; simply compare statutory language | Held: Valdivia-Flores controls—federal generic crime (including accomplice mental state) informs the categorical inquiry; Washington’s knowledge standard is broader, so § 69.50.401 is not a categorical ACCA predicate |
| Whether courts should consult federal law to define the generic accomplice element for ACCA analysis | Franklin: Federal accomplice law and mainstream authorities define the federal generic accomplice standard and must be used | Government: "Serious drug offense" arises from state-law prong; federal accomplice law irrelevant or less determinative | Held: Courts may and should look to federal law (and mainstream authorities) to supply the generic accomplice definition; Valdivia-Flores relied on federal law appropriately |
| Whether the ACCA’s use of the word "involving" narrows or removes the need for categorical comparison of accomplice liability | Franklin: "Involving" requires the usual categorical approach and incorporation of accomplice liability | Government: "Involving" means any state offense that relates to the listed conduct; no need to analyze accomplice mens rea | Held: "Involving" is interpreted as requiring the categorical approach; it does not permit a looser "relating to" standard that would avoid comparing accomplice liability |
| Whether this decision conflicts with other circuits (e.g., Eleventh Circuit’s Smith) | Franklin: Valdivia-Flores and categorical approach control in Ninth Circuit | Government: Smith holds no mens rea implied in ACCA’s definition; different result | Held: Smith differs on different mens rea issue and does not control; no direct circuit conflict affecting outcome here |
Key Cases Cited
- Faretta v. California, 422 U.S. 806 (1975) (right to self-representation)
- Taylor v. United States, 495 U.S. 575 (1990) (categorical approach for prior-conviction predicates)
- Gonzalez v. Duenas-Alvarez, 549 U.S. 183 (2007) (accomplices fall within the generic crime definition)
- Mathis v. United States, 136 S. Ct. 2243 (2016) (elements-based categorical approach principles)
- United States v. Valdivia-Flores, 876 F.3d 1201 (9th Cir. 2017) (Washington accomplice statute broader than federal aiding-and-abetting standard for drug-trafficking predicate)