27 F.4th 556
7th Cir.2022Background
- Phillip Thomas pleaded guilty to distributing 50+ grams of methamphetamine while on supervised release and did not contest revocation of that release.
- Probation designated him a career offender under U.S.S.G. § 4B1.1 because he had (1) a prior federal heroin-conspiracy felony and (2) a Wisconsin conviction for Child Abuse — Intentionally Cause Harm, Wis. Stat. § 948.03(2)(b).
- The career-offender calculation raised Thomas’s Guidelines range substantially; the district court nevertheless imposed a below-Guidelines sentence (100 months) on the distribution count and 30 months consecutive for revocation.
- Thomas objected that the Wisconsin child-abuse statute lacks a separate physical-force element and therefore is not a "crime of violence" under U.S.S.G. § 4B1.2(a).
- Thomas conceded Seventh Circuit precedent binds the result but urged reconsideration because of a circuit split; the district court and the Seventh Circuit rejected that argument and affirmed the career-offender designation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wisconsin § 948.03(2)(b) (intentionally causing bodily harm to a child) is a "crime of violence" under U.S.S.G. § 4B1.2(a) | Thomas: statute does not require use of physical force, so it is not a crime of violence | Government/District Court: Seventh Circuit precedent treats intentional infliction of bodily harm as necessarily involving physical force and thus as a crime of violence | Court affirmed: the Wisconsin conviction qualifies as a crime of violence; career-offender designation stands |
Key Cases Cited
- United States v. Jennings, 860 F.3d 450 (7th Cir. 2017) (holding intentional infliction of bodily harm is a crime of violence)
- United States v. Waters, 823 F.3d 1062 (7th Cir. 2016) (same conclusion for similar offenses)
- LaGuerre v. Mukasey, 526 F.3d 1037 (7th Cir. 2008) (domestic-battery statutes lacking separate force element treated as violent)
- De Leon Castellanos v. Holder, 652 F.3d 762 (7th Cir. 2011) (same approach to statutes criminalizing intentional bodily harm)
- United States v. Scott, 990 F.3d 94 (2d Cir. 2021) (en banc) (Second Circuit holding causing bodily harm can be a crime of violence)
- United States v. Reyes-Contreras, 910 F.3d 169 (5th Cir. 2018) (en banc) (Fifth Circuit’s later en banc decision altering earlier precedent regarding force/contact)
- Buchmeier v. United States, 581 F.3d 561 (7th Cir. 2009) (explaining stare decisis considerations for overruling circuit precedent)