United States v. Mason
435 F. App'x 726
10th Cir.2011Background
- Mason pled guilty to being a felon in possession of a firearm and was sentenced under the ACCA as an armed career criminal to 188 months.
- The PSR initially did not recommend ACCA sentencing; the government objected, asserting three prior convictions qualified as violent felonies.
- The three prior offenses cited were a 1995 sealed juvenile conviction for assault and battery with a dangerous weapon, a 2001 larceny from a person, and a 2005 assault and battery on a police officer with drug possession.
- Mason challenged the juvenile adjudication as sealed and argued the larceny from a person conviction lacked an element of violence under the statute.
- The district court, by a preponderance of the evidence, counted both the juvenile delinquency adjudication and the larceny from a person as violent felonies, leading to a minimum sentence of 15 years under ACCA; Mason received 188 months.
- On appeal, Mason challenged the ACCA classification of both prior offenses; the court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mason's juvenile delinquency adjudication is a violent felony for ACCA purposes | Mason argues sealed records preclude use; contends adjudication must include violence language | The government posits the modified categorical approach allows use of extrinsic documents showing a qualifying act | Juvenile adjudication qualifies under ACCA |
| Whether Mason's larceny from a person conviction qualifies as a violent felony | Larceny statute lacks violence element; cannot be a predicate | Larceny from a person falls within the residual clause or, under modified approach, shows violent conduct | Larceny from a person qualifies as a violent felony |
Key Cases Cited
- Taylor v. United States, 495 F.3d 575 (U.S. Supreme Court 1990) (categorical approach focus on elements)
- Shepard v. United States, 544 U.S. 13 (U.S. Supreme Court 2005) (use of documents to define elements for ACCA)
- United States v. Nevels, 490 F.3d 800 (10th Cir. 2007) (juvenile delinquency adjudications may qualify under ACCA)
- United States v. Wise, 597 F.3d 1141 (10th Cir. 2010) (modified categorical approach applies to mixed statute questions)
- United States v. Patillar, 595 F.3d 1138 (10th Cir. 2010) (larceny from a person deemed a violent felony under ACCA)
- Romero-Hernandez v. United States, 505 F.3d 1082 (10th Cir. 2007) (supports application of the modified/element approach in ACCA)
- United States v. McMahon, 91 F.3d 1394 (10th Cir. 1996) (burden on government to prove ACCA enhancement)