25 F.4th 601
8th Cir.2022Background:
- In 1992 Matthews shot into a car, wounding the driver and his partner; a Minnesota jury convicted him of two counts of attempted second-degree murder.
- Years later Matthews was prosecuted for unlawful firearm possession; the district court applied the Armed Career Criminal Act (ACCA) because he had three prior "violent felony" convictions.
- Matthews had two other prior convictions (attempted aggravated robbery and assault) that undisputedly counted; the dispute concerned whether an attempted second-degree murder conviction counted as a third violent felony.
- Without the third predicate Matthews faced a statutory maximum of 120 months; with it the ACCA imposed a mandatory minimum sentence of 180 months.
- Matthews argued attempted second-degree murder can be committed recklessly and thus does not meet the ACCA elements (force) clause; the Eighth Circuit rejected that argument and affirmed.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a Minnesota attempted second-degree murder conviction counts as a "violent felony" under ACCA's elements clause because it can be committed recklessly | Matthews: Attempted second-degree murder can be committed recklessly, and Borden excludes reckless offenses from the elements clause | Government: Minnesota law requires specific intent (purpose or at least knowledge) for second-degree murder and attempts are specific-intent crimes; thus the offense is not reckless and involves attempted use of physical force | Court: Affirmed. Attempted second-degree murder requires intent/knowledge greater than recklessness; attempts are specific-intent crimes and satisfy the elements clause (and involve attempted use of physical force) |
Key Cases Cited
- Borden v. United States, 141 S. Ct. 1817 (2021) (plurality holding that crimes committed recklessly are excluded from ACCA's elements clause)
- United States v. Hoxworth, 11 F.4th 693 (8th Cir. 2021) (discussing Borden and that the elements clause excludes reckless crimes)
- Johnson v. United States, 576 U.S. 591 (2015) (holding ACCA's residual clause void)
- Johnson v. United States, 559 U.S. 133 (2010) (defining "physical force" as force capable of causing physical pain or injury)
- State v. Moore, 458 N.W.2d 90 (Minn. 1990) (holding attempted crimes are specific-intent offenses)
- State v. Zupetz, 322 N.W.2d 730 (Minn. 1982) (holding one cannot attempt a crime that is only reckless)