United States v. Eric Scanlan
2012 U.S. App. LEXIS 1476
7th Cir.2012Background
- Scanlan pleaded guilty to possession of a firearm by a felon under 18 U.S.C. § 922(g)(1).
- District court set base offense level at 24 under U.S.S.G. § 2K2.1(a)(2) based in part on a California burglary conviction treated as a crime of violence.
- Probation initially questioned reliance on police reports vs. judicial records; later charging document and judgment established first-degree residential burglary under Cal. Penal Code § 459.
- Guidelines range was 77–96 months; district court imposed 93 months imprisonment.
- Scanlan challenged plain error on treating § 459 as a crime of violence; Anders motion was denied and briefing ordered on Taylor v. United States interpretation of burglary.
- Court concludes § 459 is a crime of violence under § 4B1.2(a)(2) residual clause, and thus the sentence is affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether California § 459 burglary qualifies as a crime of violence | Scanlan contends § 459 is not Taylor burglary and may not fit 4B1.2(a)(2) residual clause. | Government argues § 459, while not Taylor burglary, still presents serious risk and falls within residual clause. | § 459 is a crime of violence under § 4B1.2(a)(2); no plain error. |
| Whether the district court committed plain error in the Guidelines calculation | Plain error occurred from treating § 459 as burglary of a dwelling. | No plain error since § 459 qualifies as crime of violence under residual clause. | No plain error; sentence affirmed. |
| Whether the court should treat § 459 as a crime that ‘otherwise presents a serious potential risk of injury’ | Ordinary California burglary cases may not present such risk. | Court should apply residual clause categorically, not by every factual variant. | § 459 is categorically a crime of violence under residual clause; supports guideline calculation. |
Key Cases Cited
- James v. United States, 550 U.S. 192 (2007) (generic burglary definition in residual-clause analysis)
- Begay v. United States, 553 U.S. 137 (2008) (limits on 'violent felony' similarity required for residual clause)
- Taylor v. United States, 495 U.S. 575 (1990) (generic burglary definition for ACCA comparison)
- Park, 649 F.3d 1175 (9th Cir. 2011) (§ 459 categorized as crime of violence under residual clause)
- Aguila-Montes De Oca, 655 F.3d 915 (9th Cir. 2011) (en banc; § 459 not requiring unlawful entry but violent potential discussed)
- People v. Davis, 18 Cal.4th 712 (Cal. 1998) (California court emphasizes violent potential of burglary)