United States v. Jimmy Hunter
2013 U.S. App. LEXIS 22907
| 4th Cir. | 2013Background
- Hunter, at age 33, sold a firearm and ammunition to a confidential informant and pled guilty to 18 U.S.C. § 922(g)(1).
- The Presentence Investigation Report classified Hunter for ACCA sentencing based on five violent felonies in his history.
- Four of the five qualifying offenses were committed before age 18, though each was charged/convicted as an adult; the fifth occurred in 2003 at age 25.
- Hunter objected to using juvenile conduct as a predicate for ACCA, citing Miller v. Alabama’s juvenile-proportionality concerns.
- The district court overruled the objection and sentenced Hunter to 17 years’ imprisonment under ACCA.
- The Fourth Circuit affirmed, holding Miller does not apply because Hunter’s sentence targets his adult conduct, not juvenile punishment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does ACCA enhancement based on juvenile convictions violate Miller? | Hunter contends Miller applies to juvenile predicates in ACCA. | The government argues Miller concerns juvenile offenders, not recidivism penalties for adults. | Miller does not apply; Miller-based challenge fails and ACCA sentence is affirmed |
Key Cases Cited
- Miller v. Alabama, 132 S. Ct. 2455 (2012) (juvenile sentencing proportionality; life without parole forbidden for juveniles)
- Graham v. Florida, 560 U.S. 55 (2010) (juvenile life-without-parole limits for nonhomicide offenses)
- Roper v. Simmons, 543 U.S. 551 (2005) (death penalty for juveniles violates Eighth Amendment)
- Rodriquez v. United States, 553 U.S. 377 (2008) (recidivism enhancements punish the latest offense, not prior convictions)
- Gryger v. Burke, 334 U.S. 728 (1948) (recidivism statutes as penalizing the latest offense)
- Hoffman v. United States, 710 F.3d 1228 (11th Cir. 2013) (adult recidivism after juvenile offenses may be punished under recidivism statutes)
- Orona v. United States, 724 F.3d 1297 (10th Cir. 2013) (juvenile predicates for ACCA do not violate the Eighth Amendment when defendant commits later adult offense)
- Gall v. United States, 552 U.S. 38 (2007) (immaturity and warnings on sentencing context discussed)