United States v. Peterson
2011 U.S. App. LEXIS 705
4th Cir.2011Background
- Peterson was convicted by a jury on six counts related to drug trafficking and firearms.
- District court sentenced him to 420 months, labeling him a career offender under U.S.S.G. § 4B1.1(a) based on two prior felonies, including North Carolina involuntary manslaughter.
- The NC involuntary manslaughter conviction was treated as a predicate crime of violence to enhance sentencing.
- The district court acknowledged it was a close call but followed United States v. Payton (4th Cir. 1994) to apply the enhancement.
- Peterson challenged the use of the NC involuntary manslaughter conviction as a crime of violence, arguing Begay v. United States (2008) undermined Payton.
- The Fourth Circuit vacated the sentence and remanded for resentencing in light of Begay and the proper application of the guidelines.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether NC involuntary manslaughter is a crime of violence under §4B1.2(a). | Peterson; involuntary manslaughter is a crime of violence under 4B1.2(a) cmt. 1. | Government; Payton remains binding and involuntary manslaughter fits §4B1.2(a) either as manslaughter or as an other predicate. | No; NC involuntary manslaughter is not generic manslaughter under 4B1.2(a) cmt. 1 and does not constitute a crime of violence. |
| If not, does it qualify under §4B1.2(a)(2) as an other predicate offense per Begay? | Peterson; Begay analysis limits 4B1.2(a)(2) to offenses similar to the enumerated examples. | Government; the enlarged list includes manslaughter, and Begay analysis applies to §4B1.2(a)(2). | No; Begay requires purposeful, violent, and aggressive conduct; NC involuntary manslaughter lacks mens rea and does not satisfy §4B1.2(a)(2). |
Key Cases Cited
- Payton v. United States, 28 F.3d 17 (4th Cir. 1994) (crime of violence under predecessor guideline; reliance questioned after Begay)
- Begay v. United States, 553 U.S. 137 (U.S. 2008) (ACCA standard requires purposeful, violent, and aggressive conduct; controls §4B1.2(a)(2) analysis)
- Taylor v. United States, 495 U.S. 575 (U.S. 1990) (categorical approach for predicate offenses; look to elements, not the facts)
- Stinson v. United States, 508 U.S. 36 (U.S. 1993) (binding effect of Sentencing Guidelines commentary)
- United States v. Seay, 553 F.3d 732 (4th Cir. 2009) (applies Begay analysis to §4B1.2(a)(2))