895 F.3d 1075
8th Cir.2018Background
- Michael Wadena pled guilty to being a felon in possession of a firearm under 18 U.S.C. § 922(g).
- District court applied the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), finding three prior qualifying convictions and imposed the 15-year mandatory minimum (180 months).
- Prior convictions: two Minnesota third-degree assault convictions (Minn. Stat. § 609.223, subdiv. 1) and one Minnesota fourth-degree controlled-substance conviction for possession with intent to sell (Minn. Stat. § 152.024, subdiv. 2(2)).
- Wadena objected, arguing (1) third-degree assault does not qualify as an ACCA "violent felony" and (2) the Minnesota controlled-substances offense is not a "serious drug offense" under the ACCA.
- The Eighth Circuit reviewed de novo and affirmed the ACCA designation and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Minnesota third-degree assault is an ACCA "violent felony" under the force clause | Wadena: third-degree assault does not require the "violent force" necessary to qualify | Government: Minnesota assault definition is the same as for second-degree assault, which this court held satisfies the force clause | Held: Qualifies as a violent felony; Lindsey controls, so third-degree assault counts |
| Whether Minnesota fourth-degree controlled-substance (possession with intent to sell, including "offer to sell") is an ACCA "serious drug offense" | Wadena: Minnesota's inclusion of an "offer to sell" makes the statute broader than ACCA's enumerated conduct | Government: ACCA's term "involving" is expansive; offering to sell falls within "involving . . . distributing" | Held: Qualifies as a serious drug offense; Bynum forecloses Wadena's argument |
Key Cases Cited
- Johnson v. United States, 559 U.S. 133 (interpretation of the ACCA force clause requires "violent force")
- United States v. Lindsey, 827 F.3d 733 (8th Cir.) (Minnesota assault statute meets ACCA force-clause requirement)
- United States v. Naylor, 887 F.3d 397 (8th Cir. 2018) (standard of review cited for de novo review)
- United States v. Bynum, 669 F.3d 880 (8th Cir. 2012) (offering to sell drugs is a "serious drug offense" under ACCA)