80 F.4th 406
2d Cir.2023Background
- In April 2020 Minter was arrested in the Bronx for discharging a pistol and pleaded guilty in April 2021 to being a felon in possession of a firearm under 18 U.S.C. § 922(g)(1).
- The government sought an ACCA enhancement (15-year mandatory minimum) based on three prior New York felony convictions: two robberies (which the parties agreed qualified) and a 2014 conviction for sale of a controlled substance (cocaine) under N.Y. Penal Law § 220.39(1).
- The sole disputed predicate was the 2014 cocaine conviction; the question was whether New York’s definition of "cocaine" (which lists "isomers" without further qualification) matches the federal Controlled Substances Act (CSA), which limits cocaine "isomers" to "optical or geometric isomers."
- The District Court held New York’s definition is categorically broader than the CSA and therefore the 2014 conviction could not serve as an ACCA "serious drug offense," and sentenced Minter to 72 months’ imprisonment.
- The government appealed; the Second Circuit reviewed de novo and affirmed, concluding the New York schedules criminalize isomers beyond those covered by the CSA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Minter’s § 220.39(1) cocaine conviction is a "serious drug offense" under ACCA given differences in the statutory definitions of "cocaine" | Gov: New York law should be read not to reach non-optical/geometric isomers; legislative intent and enforcement practice avoid overbreadth | Minter: NY schedule facially includes all "isomers," so it is categorically broader than the CSA (which limits to optical/geometric isomers) | Court: NY definition is facially broader than the CSA; conviction cannot be an ACCA predicate |
| Whether the "realistic probability" test can be used to avoid a categorical mismatch when the state statute on its face reaches beyond the federal definition | Gov: Even if text appears broad, there is no realistic probability NY would prosecute non-optical/geometric isomers; apply realistic-probability test | Minter: The statute’s plain text includes all isomers; facial overbreadth forecloses realistic-probability inquiry | Court: Realistic-probability test does not apply where the state statute is facially overbroad; court looks no further and affirms district court |
Key Cases Cited
- Mathis v. United States, 579 U.S. 500 (categorical-approach framework)
- Taylor v. United States, 495 U.S. 575 (categorical approach and focus on statutory elements)
- Gonzalez v. Duenas‑Alvarez, 549 U.S. 183 (realistic-probability test articulated)
- Hylton v. Sessions, 897 F.3d 57 (state statute facially overbroad—look no further)
- United States v. Townsend, 897 F.3d 66 (state law must criminalize only substances criminalized under CSA)
- United States v. Thrower, 914 F.3d 770 (2d Cir. precedent on ACCA predicates)
- United States v. Ojeda, 951 F.3d 66 (standard of review and ACCA analysis)
- Williams v. Barr, 960 F.3d 68 (limit on realistic-probability test when statute’s reach is plain)