United States v. Owens
2012 U.S. App. LEXIS 3901
| 11th Cir. | 2012Background
- Owens, a felon, possessed a firearm in violation of 18 U.S.C. § 922(g)(1).
- The district court applied the Armed Career Criminal Act (ACCA) enhancement based on three or more violent felonies.
- Alabama convictions included ten counts of second degree rape and two counts of second degree sodomy.
- The court treated these Alabama offenses as qualifying violent felonies under ACCA.
- This court previously affirmed based on United States v. Ivory (11th Cir. 2007) before the Supreme Court’s Johnson decision.
- Johnson v. United States (2010) required reexamination of the ACCA’s violent felony definition and remanded for reconsideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Alabama 2nd degree rape/sodomy are ACCA violent felonies | Owens argues they are violent felonies under ACCA. | Owens contends Johnson requires violent force as an element. | No; not violent felonies under ACCA. |
| Elements vs. residual clause for ACCA classification | Ivory’s residual reasoning applies. | Johnson limits to violent force as element. | Neither offense satisfies ACCA elements or residual clause. |
| Effect of Johnson on prior ruling | Johnson requires reanalysis of Ivory. | Johnson does not salvage Ivory. | Vacate and remand for resentencing. |
| Whether Alabama strict-liability rape/sodomy can be crimes of violence | Offenses inherently pose serious risk. | Strict liability lacks purposeful violence. | Not crimes of violence under ACCA. |
| Applicability of Begay and similarity to enumerated offenses | Offenses present similar risk. | Not similar in kind/degree to enumerated offenses. | Do not qualify under residual clause. |
Key Cases Cited
- Johnson v. United States, 130 S. Ct. 1265 (2010) (defines physical force for ACCA; rejects minimal force)
- Begay v. United States, 553 U.S. 137 (2008) (limits residual clause to similar, purposeful crimes)
- Ivory v. United States, 475 F.3d 1232 (2007) (held Alabama 2nd degree rape as violent felony under guideline; later questioned)
- Rutherford v. United States, 175 F.3d 899 (1999) (precedent on potential risk of violence)
- James v. United States, 550 U.S. 192 (2007) (statutory comparison for residual clause)
- Beavers v. State, 511 So.2d 951 (Ala.Crim.App.1987) (discusses forcible compulsion in Alabama offenses)
- Oner v. United States, 382 F.App’x 893 (11th Cir.2010) (Johnson’s impact on residual clause noted)