United States v. Jonathon Lamb
638 F. App'x 575
8th Cir.2016Background
- Lamb pleaded guilty to being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1).
- District court imposed a 180-month mandatory minimum under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), based on three prior violent-felony convictions.
- Two prior Michigan convictions were for unarmed robbery under Mich. Comp. Laws § 750.530 (taking by “force and violence or by assault or putting in fear”).
- A prior Wisconsin conviction was for burglary under Wis. Stat. § 943.10(1m)(a) (entering a building or dwelling without consent with intent to steal).
- Lamb challenged (1) that Michigan unarmed robbery is not a violent felony under § 924(e)(2)(B)(i) (requires use/threat of physical force), and (2) that the Wisconsin burglary is not generic burglary under § 924(e)(2)(B)(ii).
- The Seventh Circuit applied the categorical approach and affirmed the district court’s ACCA determination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Michigan unarmed robbery qualifies as a violent felony under § 924(e)(2)(B)(i) | Michigan statute phrase "assault or putting in fear" can encompass non-violent, minimal-contact offenses and thus does not categorically require "physical force" | Michigan robbery necessarily requires force or threat of immediate personal injury and thus meets the ACCA "physical force" requirement | The Michigan convictions are violent felonies; statute construed to require force or threat of immediate personal injury |
| Whether Wisconsin burglary conviction is generic burglary under § 924(e)(2)(B)(ii) | Wisconsin statute might be overbroad by covering non-generic locations (e.g., vehicles/curtilage) | Even if statute is divisible/overinclusive, charging documents show Lamb entered a Dairy Queen (a building), so his conviction is for generic burglary | Applying the modified categorical approach, the record establishes Lamb’s conviction is for generic burglary; counts as a violent felony |
Key Cases Cited
- Johnson v. United States, 130 S. Ct. 1265 (U.S. 2010) (defines "physical force" as violent force capable of causing physical pain or injury and rejects statutes that criminalize trivial contact)
- United States v. Tirrell, 120 F.3d 670 (7th Cir. 1997) (Michigan attempted unarmed robbery qualifies as a violent felony because "putting in fear" connotes threat of physical force)
- People v. Randolph, 648 N.W.2d 164 (Mich. 2002) (Michigan Supreme Court construing robbery to require violence or putting the victim in fear of immediate personal injury)
- United States v. Ossana, 638 F.3d 895 (8th Cir. 2011) (non-violent simple-assault statutes that criminalize mere offensive touching do not satisfy ACCA "physical force")
- United States v. Mathis, 786 F.3d 1068 (8th Cir. 2015) (discusses modified categorical approach and determining whether a prior burglary conviction is generic burglary)