United States v. Leonard Griffin
946 F.3d 759
5th Cir.2020Background:
- Griffin was convicted in 2008 of being a felon in possession and sentenced under the ACCA to a 15-year minimum based on three prior convictions, including Mississippi aggravated assault (§ 97-3-7(2)(a)).
- Johnson v. United States invalidated the ACCA residual clause as unconstitutionally vague; Griffin filed a successive § 2255 based on Johnson and obtained authorization to proceed.
- The district court had relied on the residual clause at sentencing but denied relief, finding the predicates still qualified under the elements clause; Griffin appealed only the aggravated-assault predicate.
- Mississippi aggravated assault (1997 version) is divisible and provides in relevant part for conduct that "attempts to cause serious bodily injury" or causes such injury "purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life."
- Applying the modified categorical approach, the Fifth Circuit considered whether that subsection requires the use, attempted use, or threatened use of physical force — particularly in light of Reyes-Contreras, which treats indirect force and reckless/knowing mens rea as within "physical force."
- The court concluded Mississippi aggravated assault fits the ACCA elements clause and affirmed the denial of Griffin’s § 2255 petition.
Issues:
| Issue | Griffin's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether Mississippi aggravated assault (§ 97-3-7(2)(a)) is a "violent felony" under the ACCA elements clause | The statute can convict for causing serious bodily injury via nonviolent means (e.g., poisoning), so it does not require "physical force" | Under Reyes-Contreras and related precedent, causing serious bodily injury (including via indirect force) and mens rea of purposeful/knowing/reckless conduct satisfies "physical force" | Affirmed: the offense meets the elements clause; aggravated assault is a violent felony under the ACCA |
Key Cases Cited
- Johnson v. United States, 135 S. Ct. 2551 (declaring the ACCA residual clause void for vagueness)
- Welch v. United States, 136 S. Ct. 1257 (holding Johnson applies retroactively on collateral review)
- Mathis v. United States, 136 S. Ct. 2243 (explaining the modified categorical approach for divisible statutes)
- United States v. Reyes-Contreras, 910 F.3d 169 (5th Cir. en banc) (holding indirect force and knowing/reckless mens rea constitute "physical force")
- United States v. Gracia-Cantu, 920 F.3d 252 (applying Reyes-Contreras to define elements-clause sufficiency)
- United States v. Burris, 920 F.3d 942 (noting causing injury necessarily requires use of physical force)