United States v. Nigg
2012 U.S. App. LEXIS 1785
| 7th Cir. | 2012Background
- Nigg was convicted of felon in possession of a firearm under ACCA with three prior violent felonies from a 1976-77 Arizona crime spree.
- The three priors arose from armed robberies committed within six days; two were in 1976 and one in 1977.
- The district court sentenced Nigg to the ACCA mandatory minimum of 15 years, followed by three years of supervised release.
- Nigg pled guilty to felon in possession but reserved the right to challenge ACCA status.
- The district judge indicated moral concerns about the sentence but imposed the statutory minimum; the appellate court reviews de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandatory minimum ACCA sentence violates separation of powers. | Nigg argues mandatory minimums usurp judicial discretion. | Nigg argues mandatory minimums undermine court autonomy. | No; mandatory minimums do not violate separation of powers. |
| Whether ACCA violates Fifth Amendment due process by denying individualized sentencing. | Nigg asserts lack of individualized sentencing. | Booker does not require discretion for mandatory minima. | No; due process challenge fails. |
| Whether ACCA uses prior convictions properly under Sixth Amendment. | Prior convictions not proven to a jury should not enhance sentence. | Almendarez-Torres controls; no jury present for priors required. | No; Almendarez-Torres controls; priors need not be jury-tried. |
| Whether three Arizona armed robberies qualify as three separate violent felonies under ACCA. | Convictions may be the same episode; not separate occasions. | Crimes were on occasions different; sequential robberies. | They qualify as three separate violent felonies under ACCA. |
| Whether a 15-year ACCA sentence is grossly disproportionate under the Eighth Amendment. | Sentence is disproportionate to past offenses. | Precedent upholds 15-year minimums for multiple priors. | No; not grossly disproportionate under binding Seventh Circuit precedent. |
Key Cases Cited
- Chapman v. United States, 500 U.S. 453 (1991) (Congress may define punishments with limited judicial discretion in sentencing)
- United States v. Brucker, 646 F.3d 1012 (7th Cir.2011) (reaffirmed constitutional validity of mandatory minimums)
- United States v. Carraway, 612 F.3d 642 (7th Cir.2010) (rejects separation-of-powers challenge to mandatory minimums)
- United States v. MacEwan, 445 F.3d 237 (3d Cir.2006) (mandatory minimums do not violate separation of powers)
- United States v. Hudspeth, 42 F.3d 1015 (7th Cir.1994) (test for whether offenses were on different occasions under ACCA)
- Begay v. United States, 553 U.S. 137 (2008) (categorical approach to determine violent felonies under ACCA)
- Fife v. United States, 624 F.3d 441 (7th Cir.2010) (modified categorical approach for determining offense)
- Almendarez-Torres v. United States, 523 U.S. 224 (1998) (prior convictions need not be jury-tried for sentence enhancement)
- Thornton v. United States, 463 F.3d 693 (7th Cir.2006) (reaffirmed Almendarez-Torres framework)
- Solem v. Helm, 463 U.S. 277 (1983) (Eighth Amendment proportionality framework for noncapital sentences)
- Hayes, 919 F.2d 1262 (7th Cir.1990) (mandatory minimums not disproportionate where prior convictions exist)