United States v. Kendrick Maid
2014 U.S. App. LEXIS 22135
| 8th Cir. | 2014Background
- Maid pleaded guilty to felon in possession of a firearm under 18 U.S.C. § 922(g) and was sentenced to 120 months.
- In April 2013 Maid threatened with a gun at Tyrone Hurn’s apartment, fired twice at the ceiling, and fled.
- District court set base offense level at 24 under USSG § 2K2.1(a)(2) with total level 25, advisory 110–137, then 110–120 under § 5G1.1(c).
- The court’s determination relied on Maid’s Iowa convictions, including assault while displaying a dangerous weapon, as crimes of violence.
- Maid contends some Iowa convictions do not qualify as crimes of violence; the court holds they do, and the within-guidelines sentence is substantively reasonable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 2K2.1(a)(2) base level applies | Maid argues the domestic and assault convictions do not qualify as crimes of violence. | Maid concedes willful injury is a crime of violence; disputes others. | Yes; convictions qualify, base level 24 applied. |
| Whether Iowa assault convictions qualify as crimes of violence under § 4B1.2 | Maid argues they do not meet the element requirements. | Court holds they categorically meet the threat of physical force element. | Yes; Maid's assault while displaying a dangerous weapon is a crime of violence. |
| Whether the within-guidelines sentence is substantively reasonable | Maid claims misweighting § 3553(a) factors and health/mitigation. | District court considered arguments and gave weight to public safety concerns. | Within-guidelines sentence presumed reasonable; no clear error of judgment. |
Key Cases Cited
- Craig, 630 F.3d 717 (8th Cir. 2011) (de novo review of whether a prior conviction is a crime of violence)
- Williams, 627 F.3d 324 (8th Cir. 2010) (categorical approach to crimes of violence under 4B1.2)
- Begay v. United States, 553 U.S. 137 (U.S. 2008) (limits on what constitutes a crime of violence)
- Pulliam, 566 F.3d 784 (8th Cir. 2009) (threatened use of physical force satisfies § 4B1.2)
- Forrest, 611 F.3d 908 (8th Cir. 2010) (felony menacing and threatened use of force analysis)
- Gall, 552 U.S. 38 (U.S. 2007) (administrative standard for reasonableness review)
- Kreitinger, 576 F.3d 500 (8th Cir. 2009) (weighing § 3553(a) factors is within district court discretion)
- Malloy, 614 F.3d 852 (8th Cir. 2010) (prior aggravated misdemeanor counts as a prior felony under § 4B1.1)