United States v. Hood
2010 U.S. App. LEXIS 26297
| 4th Cir. | 2010Background
- Hood pled guilty to possession with intent to distribute 16 grams of marijuana and to carrying a firearm during a drug trafficking offense, and the district court enhanced his sentence as a career offender to 140 months.
- The government sought the career-offender enhancement based on Hood's two prior felonies: felony robbery (a crime of violence) and a 1996 North Carolina felony possession of a weapon of mass death and destruction (sawed-off shotgun).
- Hood appeals the use of the sawed-off shotgun conviction as a predicate crime of violence under § 4B1.1(a)(3).
- Guidelines § 4B1.1 requires age at least eighteen, a qualifying instant offense (a felony drug offense here), and at least two prior qualifying felony convictions.
- Begay v. United States requires a two-step Begay analysis for predicate offenses not in the enumerated list, considering risk and whether the conduct is similar in kind or degree to the enumerated offenses, with deference to Guidelines commentary.
- The court holds that the commentary to § 4B1.2 includes unlawful possession of a sawed-off shotgun, and under Begay and related precedent this makes the second predicate a crime of violence, affirming the district court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Hood's NC sawed-off shotgun conviction qualify as a crime of violence? | Hood argues it fails Begay's second prong and is not similar to enumerated offenses. | The government contends the commentary and Begay framework treat sawed-off shotgun possession as a crime of violence. | Yes; the sawed-off shotgun constitutes a crime of violence under § 4B1.2(a) as interpreted by the Commission's commentary. |
Key Cases Cited
- United States v. Johnson, 246 F.3d 330 (2001) (addressed sawed-off shotgun as crime of violence under the residual clause)
- Begay v. United States, 553 U.S. 137 (2008) (requires Begay two-step analysis for predicate offenses not listed in § 4B1.2(a)(2))
- United States v. Seay, 553 F.3d 732 (2009) (applies Begay framework to § 4B1.2(a)(2))
- United States v. Rivers, 595 F.3d 558 (2010) (applies Begay framework; notes need for Begay analysis in § 4B1.2(a)(2))
- United States v. Mason, 284 F.3d 555 (2002) (deference to Guidelines commentary in interpretive role)
- Hawkins, 554 F.3d 615 (2009) ( Sixth Circuit defers to Guidelines commentary defining crime of violence includes sawed-off shotgun)