United States v. Marvin Johnson
688 F. App'x 404
8th Cir.2017Background
- Defendant Marvin Orlando Johnson pled guilty to: (1) using/brandishing a firearm in relation to a crime of violence (18 U.S.C. § 924(c)(1)(A)(ii)) and (2) being a felon in possession of a firearm (18 U.S.C. § 922(g)(1)).
- At sentencing the district court found Johnson had four prior convictions that qualified as ACCA violent felonies and applied the Armed Career Criminal Act (18 U.S.C. § 924(e)), resulting in a 264-month sentence.
- The prior convictions included two counts of first-degree aggravated robbery, one count of second-degree aggravated robbery (attempt), and a conviction for simple robbery under Minn. Stat. § 609.24 (2001).
- Johnson appealed, arguing his prior convictions for simple robbery and attempted second-degree aggravated robbery do not qualify as ACCA violent felonies.
- The Eighth Circuit reviewed de novo whether these convictions qualify as ACCA predicates and resolved the appeal in favor of the government.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether attempted second-degree aggravated robbery qualifies as an ACCA "violent felony" | Johnson: Minnesota attempt law allows conviction without violent physical force, so attempt does not meet ACCA's force element | Government: ACCA covers crimes that have as an element the attempted use of force; prior Eighth Circuit precedent treats attempts as qualifying predicates | Court: Attempted second-degree aggravated robbery qualifies under ACCA because the statute includes "attempted use" of force and prior Eighth Circuit decisions support this conclusion |
| Whether simple robbery and other priors qualify as ACCA predicates | Johnson: Simple robbery (Minn. Stat. § 609.24) does not necessarily involve the requisite violent force to be an ACCA predicate | Government: District court treated other priors (including two first-degree aggravated robberies) as violent felonies; Johnson did not contest the first-degree aggravated robbery determinations on appeal | Court: Johnson did not contest the first-degree aggravated robbery findings; district court correctly classified the priors and Johnson is an armed career criminal |
Key Cases Cited
- Johnson v. United States, 559 U.S. 133 (2010) (defines "physical force" as violent force capable of causing physical pain or injury)
- United States v. Headbird, 832 F.3d 844 (8th Cir. 2016) (standard of de novo review for ACCA predicate-qualification questions)
- United States v. Azure, 539 F.3d 904 (8th Cir. 2008) (assumes aggravated robbery qualifies as an ACCA violent felony)
- United States v. Fogg, 836 F.3d 951 (8th Cir. 2016) (Minnesota attempted violent-felony convictions can qualify as ACCA predicates)