United States v. John Winston
2017 U.S. App. LEXIS 438
| 8th Cir. | 2017Background
- Defendant John Gary Winston pleaded guilty to being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1).
- At sentencing the district court applied the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(1), finding Winston had four qualifying prior convictions (one serious drug offense and three violent felonies), which triggers a 15‑year mandatory minimum.
- Winston conceded two qualifying priors but disputed that two Arkansas convictions—second‑degree battery and first‑degree terroristic threatening—qualified as "violent felonies" under § 924(e)(2)(B)(i).
- The ACCA definition requires an element of the use, attempted use, or threatened use of "physical force" (i.e., force capable of causing pain or injury); courts use the categorical (and, when necessary, the modified categorical) approach to decide whether a prior conviction qualifies.
- The district court applied the modified categorical approach to the battery charge and concluded it fell under Ark. Code Ann. § 5‑13‑202(a)(2) (causing physical injury with a deadly weapon with purpose to cause physical injury); the Eighth Circuit affirmed, finding at least one disputed prior (the battery) qualified, so ACCA enhancement stood.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Winston’s Arkansas second‑degree battery conviction is a "violent felony" under ACCA § 924(e)(2)(B)(i) | Winston: the battery statute does not necessarily require use of "physical force" because "physical injury" can occur without "physical force" | Government/District Court: the conviction under § 5‑13‑202(a)(2) requires purposeful causation of physical injury by a deadly weapon, which entails use of physical force | Held: Battery conviction qualifies; physical injury necessarily involves physical force; ACCA enhancement affirmed |
Key Cases Cited
- Johnson v. United States, 559 U.S. 133 (defining "physical force" as violent force capable of causing pain or injury)
- United States v. Castleman, 134 S. Ct. 1405 (holding that causing bodily injury requires use of physical force)
- Mathis v. United States, 136 S. Ct. 2243 (describing categorical and modified categorical approaches)
- Shepard v. United States, 544 U.S. 13 (limiting documents courts may consult under the modified categorical approach)
- United States v. Lindsey, 827 F.3d 733 (8th Cir. discussion of categorical approach application)
- United States v. Vinton, 631 F.3d 476 (8th Cir. precedent treating physical injury as involving physical force)