United States v. John Bartel
2012 U.S. App. LEXIS 22026
| 8th Cir. | 2012Background
- Bartel pleaded guilty to being a felon in possession of a firearm and was sentenced to 15 years.
- District court held Bartel’s four Minnesota felony convictions for fleeing police in a motor vehicle were violent felonies under ACCA, triggering a 15-year minimum.
- The plea agreement anticipated a 10-year maximum sentence based on Tyler’s holding that Minnesota fleeing statute is not a crime of violence.
- Before sentencing, Sykes v. United States held vehicle flight convictions can be violent felonies under ACCA, altering the parties’ understanding.
- The government notified Bartel’s counsel that Sykes made his Minnesota fleeing convictions violent felonies for ACCA purposes.
- Bartel argued no breach of the plea and objected to Sykes-based classification, but was sentenced to the ACCA minimum; the appellate court affirmed both the classification and the plea-accord integrity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Minnesota fleeing statute qualifies as a violent felony under ACCA. | Bartel argued Tyler controls; statute not violent. | Bartel's four convictions could be violent felonies post-Sykes. | Yes; Minnesota §609.487(3) is a violent felony under ACCA. |
| Whether Sykes overrode Tyler in Bartel’s case. | Bartel contends Tyler should govern. | Bartel should be treated under Sykes for ACCA purposes. | Sykes controls; required finding of violent felony under ACCA. |
| Whether the government breached the plea agreement by applying ACCA. | Bartel asserts breach by seeking higher sentence. | No breach; agreement allowed the government to argue for sentence outside guidelines. | No breach; government properly argued Bartel’s ACCA status. |
| Whether the district court correctly applied the categorical approach to the offense. | Referencing Tyler’s approach and elements of the Minnesota statute. | Under Sykes, conduct presents a serious risk of injury; categorical approach appropriate. | Correct; conduct encompassed by the statute presents serious risk of injury. |
Key Cases Cited
- United States v. Tyler, 580 F.3d 722 (8th Cir. 2009) (Minnesota fleeing statute not a crime of violence under Guidelines/ACCA context)
- Sykes v. United States, 131 S. Ct. 2267 (Supreme Court 2011) (vehicle flight can be a violent felony under ACCA; risk of violence inherent)
- James v. United States, 550 U.S. 192 (U.S. 2007) (elements-based inquiry for violent felonies; conduct posing serious risk evaluated by elements)
- United States v. Raifsnider, 663 F.3d 1004 (8th Cir. 2011) (interpretation of plea agreements; burden on party asserting breach)
- United States v. Gordon, 557 F.3d 623 (8th Cir. 2009) (logic on violent felony/ACCA and related classifications)
- United States v. Fowler, 445 F.3d 1035 (8th Cir. 2006) (plea-agreement scope and sentencing considerations)