United States v. Mixson
7:08-cr-00043
W.D. Va.Apr 10, 2024Background
- Rondall Clyde Mixson was convicted in 2009 of being a felon in possession of a firearm and sentenced to 15 years under the Armed Career Criminal Act (ACCA) based on prior convictions.
- His predicate offenses included nine Virginia burglaries, two North Carolina breaking and entering convictions, and a Virginia conspiracy to distribute methadone conviction.
- After Johnson v. United States (2015), Mixson successfully challenged several ACCA predicates, but the court held he still qualified as an armed career criminal.
- Mixson sought compassionate release, arguing his conspiracy conviction no longer qualified under ACCA, and citing health issues that increased his risk from COVID-19.
- The government opposed both claims, and the Court appointed counsel to investigate Mixson's eligibility for release.
- The district court denied Mixson’s motions for compassionate release.
Issues
| Issue | Mixson's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether Mixson qualifies for compassionate release on medical grounds | Mixson’s age and health conditions (COPD, asthma, obesity) put him at heightened COVID-19 risk | Mixson is fully vaccinated, prison has low COVID-19 risk | No extraordinary and compelling reason for release |
| Whether his Virginia conspiracy conviction is an ACCA predicate | Virginia conspiracy does not require an overt act; conviction is no longer a "serious drug offense" | No legal authority for Mixson’s theory; he remains ACCA-eligible | No change in law supports removing conviction as ACCA predicate |
| Whether prior sentencing decisions can be challenged in a compassionate release motion | Compassionate release warranted by sentencing error and change in law | Sentencing errors must be raised in § 2255, not in compassionate release | Compassionate release is not for challenging underlying conviction or sentence |
| Whether exhaustion of remedies occurred | Mixson initiated request to BOP warden | Government does not contest exhaustion | Exhaustion requirement met |
Key Cases Cited
- Johnson v. United States, 576 U.S. 591 (2015) (invalidated ACCA residual clause for violent felonies)
- United States v. McCoy, 981 F.3d 271 (4th Cir. 2020) (explains procedure for compassionate release under First Step Act)
- United States v. Ferguson, 55 F.4th 262 (4th Cir. 2022) (compassionate release cannot be used to collaterally attack conviction or sentence)
- United States v. Edwards, 451 F. Supp. 3d 562 (W.D. Va. 2020) (burden is on defendant to show extraordinary and compelling reasons)