United States v. Gloss, 2011 U.S. App. LEXIS 22973

Gloss pled guilty to felon in possession of a firearm under 18 U.S.C. § 922(g).
Probation officer recommended ACCA enhancement based on three prior Tennessee convictions: two violent felonies and one serious drug offense.
Gloss conceded one serious drug offense and one violent felony (aggravated assault) but objected that facilitation of aggravated robbery is not a violent felony.
District court overruled Gloss’s objection and sentenced him to 180 months under the ACCA.
ACCA defines a violent felony as a crime punishable by more than one year that either (i) involves use/threat of force or (ii) is one of certain enumerated categories or presents a serious risk of physical injury.
This case focuses on whether Tennessee facilitation of aggravated robbery qualifies as a violent felony under the ACCA, using Tennessee statutes on facilitation and aggravated robbery.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether facilitation of aggravated robbery is a violent felony under ACCA	Gloss—facilitation requires underlying crime proved; argues not a violent felony.	Gloss’s facilitation of aggravated robbery is a violent felony under § 924(e)(2)(B)(i).	Yes; facilitation of aggravated robbery is a violent felony under the first clause.

United States v. Nance, 481 F.3d 882 (6th Cir. 2007) (facilitation of aggravated robbery qualifies as a violent felony)
United States v. Sawyers, 409 F.3d 732 (6th Cir. 2005) (elements of underlying violent felony are examined in facilitation)
United States v. Chandler, 419 F.3d 484 (6th Cir. 2005) (facilitation of aggravated assault in Tennessee is a violent felony)
Parker v. State, 932 S.W.2d 945 (Tenn. Crim. App. 1996) (underlying violent felony elements required for facilitation)
Begay v. United States, 553 U.S. 137 (U.S. 2008) (limits of the residual clause in § 924(e)(2)(B)(ii))
Chambers v. United States, 555 U.S. 122 (U.S. 2009) (residual clause interpretation in ACCA context)