United States v. Hudson
2012 U.S. App. LEXIS 4731
| 4th Cir. | 2012Background
- Hudson was arrested after a traffic stop in Olanta, South Carolina, where police found a .32 caliber revolver.
- Hudson pled guilty to possessing a firearm by a felon in violation of 18 U.S.C. § 922(g)(1).
- The district court sentenced him to 180 months under ACCA based on three prior convictions, including two Florida fleeing-or-eluding offenses.
- Florida §316.1935(2) covers willful fleeing or eluding a marked patrol vehicle with siren and lights; penalties range from up to 5 to 30 years.
- The key issue was whether the two Florida convictions are “violent felonies” under ACCA’s residual clause.
- After Begay, Sykes, and related decisions, the Fourth Circuit held that the Florida §316.1935(2) offenses qualify under the residual clause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Florida §316.1935(2) convictions are ACCA residual-clause violent felonies | Hudson argues these are not violent felonies after Begay and Sykes. | Government contends the offenses fall within the residual clause as inherently risky vehicular flight. | Yes; the Florida offenses qualify under the residual clause. |
| Whether ACCA's residual clause is unconstitutionally vague | Hudson asserts vagueness under the residual clause. | Government maintains the clause is constitutionally permissible per Sykes. | Waived, and the clause is not void for vagueness. |
Key Cases Cited
- Begay v. United States, 553 U.S. 137 (2008) (guidance on violent felonies under ACCA)
- Chambers v. United States, 555 U.S. 122 (2009) (rejected Roseboro approach; residual clause analysis refined)
- Sykes v. United States, 131 S. Ct. 2267 (2011) (upheld violent-felony status for Indiana vehicular flight under residual clause)
- Rivers v. United States, 595 F.3d 558 (2010) (rejected Roseboro approach; residual-clause analysis refined)
- Roseboro v. United States, 551 F.3d 226 (2009) (attempted to apply Roseboro analysis to ACCA; later overruled)
- United States v. James, 550 U.S. 192 (2007) (vehicle flight risks linked to violent-felony analysis)
- Harrison v. United States, 558 F.3d 1280 (2009) (Eleventh Circuit decision on Florida §316.1935(2) under ACCA)