935 F.3d 655
8th Cir.2019Background
- Keith Block pleaded guilty to being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1).
- ACCA imposes a 15‑year mandatory minimum if the defendant has three prior qualifying convictions (violent felonies or serious drug offenses).
- The district court counted three prior convictions: one Arkansas second‑degree battery conviction (Ark. Code Ann. § 5‑13‑202(a)(4)) and two Texas delivery convictions (Tex. Health & Safety Code §§ 481.112(a), .002(8)).
- The court treated the Arkansas conviction as a "violent felony" and the Texas convictions as "serious drug offense[s]."
- Block argued the Texas statute should not qualify because it criminalizes a mere offer to sell drugs; the government and binding Eighth Circuit precedent supported counting offers to sell as ACCA serious drug offenses.
- The Eighth Circuit affirmed, applying the categorical approach and relying on binding circuit precedent.
Issues
| Issue | Block's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether Ark. § 5‑13‑202(a)(4) second‑degree battery is a "violent felony" under ACCA | (implicit) prior battery should not be treated as an ACCA violent felony | The statutory elements match the ACCA/Guidelines "crime of violence" definition; precedent treats them as interchangeable | The conviction qualifies as a violent felony and counts under ACCA |
| Whether Texas delivery statute that criminalizes an offer to sell is a "serious drug offense" under ACCA | The statute covers a mere offer to sell, so it is not an offense "involving" distribution and should not qualify | An offer to sell is related to distribution and falls within ACCA's expansive definition; circuit precedent so holds | The Texas convictions qualify as serious drug offenses; offers to sell count under ACCA |
Key Cases Cited
- Brown v. United States, 929 F.3d 554 (8th Cir. 2019) (ACCA inquiry focuses on statutory elements, not underlying facts)
- United States v. Darden, 915 F.3d 579 (8th Cir. 2019) (de novo review on whether prior convictions count under ACCA)
- United States v. Williams, 690 F.3d 1056 (8th Cir. 2012) (Ark. § 5‑13‑202(a)(4) qualifies as a "crime of violence" under the Guidelines)
- United States v. Bynum, 669 F.3d 880 (8th Cir. 2012) (an offer to sell controlled substances fits ACCA's "serious drug offense" definition)
- Mader v. United States, 654 F.3d 794 (8th Cir. 2011) (circuit precedent is binding on panels)