United States v. Louis Soileau
2012 U.S. App. LEXIS 15957
8th Cir.2012Background
- Soileau pleaded guilty to felon in possession of a firearm under 18 U.S.C. § 922(g)(1).
- The district court found four prior convictions qualifying as violent felonies under the ACCA and imposed an enhanced sentence under 18 U.S.C. § 924(e).
- PSR concluded Soileau was an armed career criminal; PSR identified two simple burglary convictions (par. 44 and 47) as violent felonies.
- At sentencing, the court admitted several documents (charging documents, plea papers, commitment papers) and took judicial notice of La. Rev. Stat. § 14:62.
- Soileau challenged the use of the modified categorical approach and the documents used to classify his prior burglary convictions as violent felonies.
- The district court ultimately applied the modified categorical approach using charging documents and related pleadings and sentenced Soileau to 180 months, which Soileau appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| whether the district court properly applied § 924(e) to Soileau | Soileau argues the court used improper sources and approach | The government contends modified categorical approach valid for overinclusive statute | properly applied ACCA enhancement using modified categorical approach |
| whether charging documents sufficed to classify burglaries as violent felonies | Soileau asserts documents insufficient to show burglary of a building | Charging documents, plea, and change-of-plea suffice under modified categorical approach | documents adequate to identify a qualifying burglary under 14:62 and support violent felony status |
| whether district court could review documents beyond commitment papers | Commitment papers alone were insufficient | Court may weigh case history and other relevant documents | court properly reviewed charging documents and related pleadings per Webster and Shepard |
Key Cases Cited
- Taylor v. United States, 495 U.S. 575 (1990) (definition of burglary for ACCA purposes must be of a building or structure)
- Shepard v. United States, 544 U.S. 13 (2005) (permissible judicial records under the modified categorical approach)
- United States v. Webster, 636 F.3d 916 (8th Cir. 2011) ( modified categorical approach when statute is overinclusive)
- United States v. Demint, 74 F.3d 876 (8th Cir. 1996) (Louisiana burglary defined broadly; use of modified approach permitted)
- United States v. Forrest, 611 F.3d 908 (8th Cir. 2010) (burden to prove pleaded guilty to qualifying burglary by preponderance of the evidence)
- United States v. Vasquez-Garcia, 449 F.3d 870 (8th Cir. 2006) (modified categorical approach may not require all documents to be reviewed)
- United States v. Salean, 583 F.3d 1059 (8th Cir. 2009) (guidance on permissible documents under Shepard)