United States v. Joseph J. Johnson
743 F.3d 1110
7th Cir.2014Background
- Police spotted Johnson with a gun; he discarded it and police recovered it.
- Johnson pled guilty to felon-in-possession.
- District judge found Johnson’s robbery, domestic battery, and resisting law enforcement convictions qualify as violent felonies under ACCA.
- Johnson was sentenced to 180 months; without these prior convictions the maximum would be 120 months.
- Johnson argues the issue of criminal history qualification must be resolved by a jury and questions whether the relevant Indiana statute qualifies under ACCA; court upholds under current law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Indiana domestic battery with a child qualifies as a violent felony under ACCA | Johnson argues the statute does not satisfy clause (ii) residual risk | Johnson contends it fails to meet the residual clause | Yes; the court affirms that it can satisfy clause (ii) |
| Whether Almendarez–Torres controls determination of prior convictions for ACCA | Almendarez–Torres limits government’s power to enhance penalties | Almendarez–Torres remains controlling law | Yes; the court maintains Almendarez–Torres applies |
| Effect of Alleyne on jury determination for ACCA minimums | Alleyne requires jury-imposed determinations for minimums | Alleyne does not alter Almendarez–Torres’ status for ACCA | Court: Alleyne does not override current ACCA framework here |
| Timeliness of the 1997 resisting law enforcement conviction for ACCA | Old convictions may be disqualified under some rules | There is no time limit like in Guidelines for ACCA—no similar provision | There is no time limit under ACCA; Wright controls |
Key Cases Cited
- Almendarez-Torres v. United States, 523 U.S. 224 (1998) (retains judicial fact-finding limits for sentence-enhancement variables)
- Alleyne v. United States, 133 S. Ct. 2151 (2013) (minimum penalties must be determined by a jury when element increases)
- Descamps v. United States, 133 S. Ct. 2276 (2013) (categorical approach to recidivist predicates; use statute and conviction judgment)
- United States v. Wright, 48 F.3d 254 (7th Cir. 1995) (no time limit on qualifying felonies for ACCA)