United States v. Jonas
2012 U.S. App. LEXIS 16535
| 1st Cir. | 2012Background
- Defendant-appellant Mike K. Jonas pleaded guilty to possessing counterfeit securities and possessing a firearm as a felon, with a guideline range driven in part by USSG §2K2.1(a)(2) which cross-references §4B1.2(a) to define a crime of violence.
- At sentencing, Jonas conceded a prior drug conviction was a predicate under the career offender guideline, but contested that his Massachusetts assault and battery on a correctional officer (ABCO) conviction was not a crime of violence.
- The district court classified ABCO as a crime of violence under the otherwise clause and imposed a 60-month term after downward variance.
- The government contends the court should apply post-Holloway reasoning (Dancy) to treat ABCO as a crime of violence; Jonas argues Holloway controls and forecloses that result.
- The appeal presents a pure, de novo question about the scope of the term 'crime of violence' in the career offender guideline.
- The court holds that ABCO is a crime of violence under the 'otherwise' clause, affirming the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ABCO qualifies as a crime of violence under USSG 4B1.2(a)(2) otherwise clause | Government relies on Dancy and post-Holloway reasoning to treat ABCO as violent. | Jonas argues Holloway precludes treating ABCO as violent. | ABCO qualifies; affirmed the sentence. |
Key Cases Cited
- Holloway v. United States, 630 F.3d 252 (1st Cir. 2011) (mass. simple assault vs. ABPO/ABCO distinction informs violence categorization)
- United States v. Dancy, 640 F.3d 455 (1st Cir. 2011) (distinguishes ABPO from simple AB in Massachusetts for violence purposes)
- Hart v. United States, 674 F.3d 33 (1st Cir. 2012) (framework for 'similar in kind' analysis under 4B1.2(a)(2))
- Begay v. United States, 553 U.S. 137 (2008) (defines 'similar in kind' with emphasis on purposeful/violent conduct)
- Sykes v. United States, 131 S. Ct. 2267 (2011) (categorical approach to determine crime of violence; focus on elements)
- James v. United States, 550 U.S. 192 (2007) (helps define 'serious potential risk' in degree of risk analysis)
- United States v. Gignac, 119 F.3d 67 (1st Cir. 1997) (assault on a prison guard recognized as dangerous conduct)
- United States v. Johnson, 616 F.3d 85 (2d Cir. 2010) (discusses risk context of guards and inmates in correctional settings)