United States v. King
2012 U.S. App. LEXIS 4861
| 4th Cir. | 2012Background
- King was convicted in 2007 of unlawful possession of a firearm by a felon based on a loaded revolver found on him in 2006 during a domestic dispute investigation.
- King’s 2005 South Carolina conviction for pointing and presenting a firearm at another formed a key predicate for sentencing
- King had an Alford plea in 2009 to involuntary manslaughter arising from a 2007 incident, resulting in 28 months’ imprisonment
- PSR recommended treating the 2005 firearm-pointing offense as a crime of violence and adding three criminal-history points for the Alford plea
- District court adopted the PSR, calculated a 46–57 month guideline range, and imposed a 96-month sentence after upward variance based on King’s criminal history and violence pattern
- King challenged the guidelines calculations and the adequacy of the sentencing explanation
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 2005 SC pointing and presenting a firearm qualifies as a crime of violence | King argues it does not satisfy 4B1.2(a)(1) or (2) | King contends the statute’s elements are not a true crime of violence | Yes; it qualifies under 4B1.2(a)(1) as the conduct involves threatened force. |
| Whether an Alford plea-based sentence is a 'prior sentence' for 4A1.2(a)(1) purposes | King argues Alford plea lacks adjudication of guilt for prior-sentence purposes | King relies on Alston and the omission of Alford in 4A1.2(a)(1) | Yes; a sentence after an Alford plea constitutes a prior sentence under 4A1.2(a)(1). |
| Whether the district court provided an adequate explanation for the variance | King contends the variance lacked sufficient justification | King received a reasoned assessment tied to § 3553(a) factors | Yes; the court adequately explained the variance and the basis for the sentence |
Key Cases Cited
- Begay v. United States, 553 U.S. 137 (Supreme Court 2008) (definitional scope of crime of violence under 4B1.2(a))
- Taylor v. United States, 659 F.3d 339 (4th Cir. 2011) (Alford plea characteristics and voluntariness)
- Mastrapa v. United States, 509 F.3d 652 (4th Cir. 2007) (Alford plea basis and guilt basis relevance)
- Alston v. United States, 611 F.3d 219 (4th Cir. 2010) (limits of using Alford plea in ACCA context; distinguishes factual basis issues)
- Mackins v. United States, 218 F.3d 263 (3d Cir. 2000) (Alford plea as prior sentence for 4A1.2 purposes)
- Diaz-Ibarra v. United States, 522 F.3d 343 (4th Cir. 2008) (categorical vs. modified-categorical approach in ‘crime of violence’)
- Spence v. United States, 661 F.3d 194 (4th Cir. 2011) (Shepard-based record-construal under 4B1.2(a))
- In re Spencer R., 387 S.C. 517, 692 S.E.2d 569 (S.C. App. 2010) (interpretation of ‘to present’ and threatening manner under SC §16-23-410)
- State v. Burton, 356 S.C. 259, 589 S.E.2d 6 (S.C. 2003) (elements of pointing/presenting firearm under SC law)