United States v. Michael Brock
724 F.3d 817
7th Cir.2013Background
- Brock was convicted in a jury trial on three counts of possessing a firearm as a felon in violation of 18 U.S.C. § 922(g)(1).
- He was sentenced to a fifteen-year mandatory minimum under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(1).
- The convictions hinge on the government’s use of Brock’s wife’s testimony at trial, which the district court found to violate marital privileges but allowed at trial.
- Prior to trial, Brock’s wife testified in a pretrial detention hearing, and the court found a waiver of the marital communications privilege and the spousal testimonial privilege.
- Brock’s 1998 convictions for unlawful possession of machineguns and related explosives formed the basis for ACCA sentencing, which the district court initially treated as violent felonies under Upton.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Marital communications waiver | Brock argues the waiver was not voluntary/knowing. | Brock contends waiver cannot be assumed from detention-hearing testimony. | Waiver found; communications privilege extent limited to disclosed communications. |
| Spousal testimonial privilege standing | Brock challenges waiver of the spousal testimonial privilege. | Brock lacks standing to challenge his wife’s privilege waiver. | Brock has no standing to appeal the waiver under Trammel/Lofton. |
| ACCA violent felony scope as to machineguns | Brock argues prior machinegun convictions count as violent felonies under ACCA. | Upton controlled, and machinegun possession qualifies as a violent felony. | Overruled; Miller v. Miller holds mere possession of machineguns is not a violent felony; remand for resentencing. |
| Sentence consequence | ACCA sentence enhancement should apply if prior convictions qualify. | Because Upton is overruled, ACCA enhancement does not apply. | Convictions affirmed; sentence vacated and remanded for re-sentencing without ACCA enhancement. |
Key Cases Cited
- Trammel v. United States, 445 U.S. 40 (1980) (spousal testimonial privilege rules favor sole discretion of witness-spouse)
- Blau v. United States, 340 U.S. 332 (1951) (privilege applies to confidential communications during marriage)
- United States v. Byrd, 750 F.2d 585 (7th Cir. 1984) (distinguishes marital communications privilege scope and waivers)
- Lofton v. United States, 957 F.2d 476 (7th Cir. 1992) (standing to invoke spousal privilege analyzed; disclosure rules emphasized)
- United States v. Upton, 512 F.3d 394 (7th Cir. 2008) (held that sawed-off shotgun possession was a violent felony under ACCA (later overruled))
- Morganroth & Morganroth v. DeLorean, 123 F.3d 374 (6th Cir. 1997) (waiver implications for confidential communications in pretrial proceedings)
- United States v. Dien, 609 F.2d 1038 (2d Cir. 1979) (waiver concepts in privilege law contexts)
- Hawkins v. Staples, 148 F.3d 379 (4th Cir. 1998) (waiver/notice issues in privilege disclosure)
- Billmyer v. United States, 57 F.3d 31 (1st Cir. 1995) (analogous waiver principles for attorney-client privilege)
- Sims v. United States, 755 F.2d 1239 (5th Cir. 1985) (courts should consider advising witnesses of privilege rights)