United States v. James Castleman
2012 U.S. App. LEXIS 19635
6th Cir.2012Background
- Castleman pleaded guilty in 2001 to misdemeanor domestic assault under Tenn. Code § 39-13-111(b).
- That statute criminalizes assault against a domestic abuse victim by intentional/knowing conduct causing bodily injury, fear of imminent injury, or offensive contact.
- Federal agents later learned Castleman and wife were trafficking firearms, with wife falsely claiming to be buyer to circumvent Castleman’s firearms prohibition.
- Castleman was indicted on two counts of possession of a firearm after being convicted of a misdemeanor crime of domestic violence under 18 U.S.C. § 922(g)(9).
- District court dismissed the § 922(g)(9) counts, concluding the Tennessee misdemeanor did not require force as defined by § 921(a)(33)(A)(ii).
- Government appealed; issue centered on whether the state offense qualifies as a predicate under § 922(g)(9) under a categorical/modified-categorical approach.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 921(a)(33)(A)(ii) requires physical force for a predicate | Castleman argues Tennessee offense lacks force requirement. | The government contends the offense satisfies the force element by Johnson/related logic. | Yes; the court adopts the Johnson-based force standard for § 921(a)(33)(A)(ii). |
| Whether Tennessee § 39-13-111(b) is a misdemeanor crime of domestic violence categorically | Castleman argues the statute can be violated without violent force. | Government contends it can be a violent-force predicate under Johnson framework. | Categorically no; statute does not categorically require violent force. |
| Whether the conviction can be saved under modified-categorical analysis | Indictment/records could show violent force elements. | Even with Shepard documents, no basis shows violent physical force was required. | No; modified-categorical analysis does not establish violent force in Castleman’s case. |
Key Cases Cited
- United States v. Gibbs, 626 F.3d 344 (6th Cir. 2010) (categorical approach; use of prior offense definitions)
- Taylor v. United States, 495 U.S. 575 (U.S. 1990) (categorical approach framework)
- Johnson v. United States, 130 S. Ct. 1265 (U.S. 2010) (physical force requires violent physical force for violent felony analysis)
- McMurray, 653 F.3d 367 (6th Cir. 2011) (reckless bodily injury cannot satisfy use-of-physical-force element)
- Alexander, 543 F.3d 819 (6th Cir. 2008) (bodily-injury element interacts with force requirements)
- White, 606 F.3d 144 (4th Cir. 2010) (battery/offense with nonviolent force not a misdemeanor crime of domestic violence)
- Hayes, 555 U.S. 415 (U.S. 2009) (manifests Congress’s purpose in extending prohibitions to misdemeanors)