United States v. McMurray
2011 U.S. App. LEXIS 16025
| 6th Cir. | 2011Background
- McMurray was convicted at a bench trial of felon-in-possession of a firearm under 18 U.S.C. § 922(g)(1).
- District court sentenced him to 180 months, the ACCA's statutorily mandated minimum, after determining he is an Armed Career Criminal.
- Probation's PSR concluded McMurray had three prior violent felonies: aggravated assault (1986), armed robbery (1987), aggravated assault (1993).
- McMurray challenged ACCA enhancement on grounds that predicate felonies must be pled and proven beyond a reasonable doubt and that the 1993 aggravated assault is not a violent felony.
- Court vacated the district court judgment and remanded for resentencing due to failure to establish the 1993 aggravated assault as a violent felony under the ACCA.
- The majority held that the Tennessee aggravated-assault statute (1991) is not categorically a violent felony and that Shepard documents do not prove the underlying conviction was a qualifying violent felony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Must ACCA predicates be charged and proved beyond a reasonable doubt? | McMurray argues predicates must appear in indictment and be proven beyond a reasonable doubt. | McMurray contends due-process requires this for ACCA predicates. | Not required; ACCA is a sentence enhancement, not a separate offense. |
| Is Tennessee aggravated assault (1993) a violent felony under the ACCA? | McMurray contends the statute includes reckless conduct and may not be a violent felony. | State argues it is a violent felony under ACCA analysis. | Not categorically a violent felony under either the 'use of force' or 'otherwise' clause; vacate/remand. |
| Can Shepard documents establish that the underlying conviction was a violent felony in an Alford-best-interest plea? | McMurray argues Shepard documents could show the plea necessarily admitted the violent nature. | State contends Shepard documents fail to show necessary admission in this Alford-type plea. | The available Shepard documents do not show McMurray necessarily admitted a violent felony; remand exercising Shepard scrutiny. |
Key Cases Cited
- Leocal v. Ashcroft, 543 U.S. 1 (U.S. 2004) (use-of-force interpretation requires active employment)
- Portela, 469 F.3d 496 (6th Cir. 2006) (reckless conduct not a crime of violence under use-of-force analysis)
- Begay v. United States, 553 U.S. 137 (U.S. 2008) (requires narrow Begay 'purposeful, violent, and aggressive' standard for otherwise clause)
- Taylor v. United States, 495 U.S. 575 (U.S. 1990) (categorical approach to evaluate prior convictions for ACCA/sentencing)
- Shepard v. United States, 544 U.S. 13 (U.S. 2005) (modified-categorical approach; documents narrowing the charge or admitting facts may suffice)
- Matthews v. United States, 278 F.3d 560 (6th Cir. 2002) (reckless aggravated assault may still be violent felony under certain analyses)
- Benton v. United States, 639 F.3d 723 (6th Cir. 2011) (aggravated assault under Tennessee law discussed as violent felony in ACCA context)
- Gibbs v. United States, 626 F.3d 344 (6th Cir. 2010) (two-step analysis for violent felony under ACCA; Taylor-like approach with Shepard)
- Martin v. United States, 526 F.3d 926 (6th Cir. 2008) (due-process considerations for sentence enhancements; Almendarez-Torres cited)
- United States v. Almendarez-Torres, 523 U.S. 224 (U.S. 1998) (prior convictions excepted from jury-doubt requirement for sentence enhancements)