418 F. App'x 295
5th Cir.2011Background
- Hageon was convicted by bench trial of felon in possession of a firearm under 18 U.S.C. § 922(g)(1).
- He was sentenced under the ACCA to 252 months’ imprisonment.
- Hageon challenges sufficiency of the evidence and his ACCA sentence based on his prior convictions.
- Pope and Moore testified they saw the pistol in Hageon’s possession on April 29, 2009; ATF found the firearm at Pope and Moore’s residence on May 1, 2009.
- The firearm traveled in interstate commerce; Hageon stipulated the predicate facts relevant to § 922(g)(1).
- PSR Addendum and Shepard documents show four Texas burglary convictions; district court treated three as qualifying violent felonies under the ACCA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Hageon contends evidence fails to prove possession. | Hageon argues insufficient circumstantial proof of possession. | Evidence was substantial; guilt supported. |
| ACCA three qualifying violent felonies | Hageon argues counts do not amount to three qualifying violent felonies. | Hageon relies on Begay to limit state burglary as a violent felony. | Texas burglary of a building qualifies as a violent felony under ACCA. |
| Burglary convictions on occasions different from one another | Three burglaries occurred on separate occasions, with different victims/locations. | Disagrees on independence of the prior offenses. | Convictions occurred on different occasions and qualify under § 924(e). |
| Notice and due process for ACCA enhancement | Argues inadequate notice of enhancement. | PSR notified the ACCA application; objection raised at sentencing. | Due process satisfied; notice adequate. |
| Jury trial/Apprendi/Booker/Shepard implications | Prior convictions used for ACCA must be proven beyond reasonable doubt by a jury. | Arguments rejected under precedents like James and Stone. | No Apprendi/Booker/Shepard issue; standard applies as in cited authorities. |
Key Cases Cited
- United States v. Turner, 319 F.3d 716 (5th Cir.2003) (sufficiency standard in bench trials)
- United States v. Broadnax, 601 F.3d 336 (5th Cir.2010) (relevance of interstate commerce element)
- Taylor v. United States, 495 U.S. 575 (U.S. 1990) (generic burglary definition for ACCA § 924(e)(2)(B)(ii))
- Shepard v. United States, 544 U.S. 13 (U.S. 2005) (limits on evaluating prior convictions from records)
- Begay v. United States, 553 U.S. 137 (U.S. 2008) (limits on )
- United States v. Constante, 544 F.3d 584 (5th Cir.2008) (ACCA violent felony analysis of burglary)
- United States v. Silva, 957 F.2d 157 (5th Cir.1992) (burglary as violent felony under ACCA)
- United States v. Fuller, 453 F.3d 274 (5th Cir.2006) (three qualifying convictions on separate occasions)
- United States v. Washington, 898 F.2d 439 (5th Cir.1990) (separate occasions requirement)
- James v. United States, 550 U.S. 192 (U.S. 2007) (Apprendi/Booker notice and jury considerations)
- United States v. Stone, 306 F.3d 241 (5th Cir.2002) (jury considerations for ACCA enhancements)