921 F.3d 758
8th Cir.2019Background
- Stovall pled guilty to distributing methamphetamine and was sentenced as a career offender to 120 months under U.S.S.G. § 4B1.1.
- Career-offender status requires at least two prior felony convictions for a controlled-substance offense or a crime of violence; Stovall conceded one drug conviction but disputed that his Arkansas robbery and aggravated assault convictions are crimes of violence.
- The key legal question is whether Arkansas robbery fits the Sentencing Guidelines’ generic definition of robbery as an enumerated "crime of violence" under U.S.S.G. § 4B1.2(a).
- Arkansas robbery statute (Ark. Code Ann. § 5-12-102) criminalizes employing or threatening immediate physical force to effect theft or resist apprehension; the statute’s gravamen is the threat or injury to the victim.
- The court applied the categorical approach, comparing the elements of Arkansas robbery to the generic federal definition of robbery (aggravated larceny or misappropriation of property under circumstances involving immediate danger to a person).
- The district court’s determination that Stovall’s Arkansas robbery conviction is a crime of violence was affirmed; the court did not need to decide the assault conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Arkansas robbery is a "crime of violence" under U.S.S.G. § 4B1.2(a) (enumerated-offenses clause) for career-offender purposes | Stovall: Arkansas robbery does not require "immediate danger" and prior Arkansas cases show convictions without threats or injury, so it is not the generic robbery | Government: Arkansas robbery’s elements (threat or use of immediate force in committing theft) match the generic definition of robbery involving misappropriation under circumstances of immediate danger | The court held Arkansas robbery fits the generic definition and is an enumerated crime of violence, so the career-offender enhancement stands |
Key Cases Cited
- United States v. McMillan, 863 F.3d 1053 (8th Cir. 2017) (standard of review for guideline interpretation)
- United States v. Kosmes, 792 F.3d 973 (8th Cir. 2015) (use of categorical approach and "generic" meaning inquiry)
- Taylor v. United States, 495 U.S. 575 (1990) (framework for determining generic, contemporary meaning of offenses)
- United States v. House, 825 F.3d 381 (8th Cir. 2016) (definition of generic robbery as aggravated larceny or misappropriation under immediate danger)
- United States v. Eason, 829 F.3d 633 (8th Cir. 2016) (distinguishing force required for ACCA violent-felony analysis from "immediate danger" for generic robbery)
- United States v. Lockley, 632 F.3d 1238 (11th Cir. 2011) (holding a state robbery statute met the generic federal definition of robbery)