United States v. Proch
637 F.3d 1262
11th Cir.2011Background
- Proch pled guilty to felon in possession of a firearm under 18 U.S.C. §§ 922(g), 924(e) and faced ACCA mandatory minimum when three qualifying prior felonies or serious drug offenses were found.
- District court considered both Shepard-approved documents and additional records to determine whether the predicate offenses occurred on separate occasions.
- Shepard v. United States restricted consideration to charging documents, plea agreements, and plea colloquy for determining violent felonies under ACCA; applicability to separate-occasions analysis was disputed.
- Convictions at issue involved two burglaries on the same street (same day) and an escape; district court concluded these consisted of three separate offenses.
- Court distinguished Chambers v. United States and concluded the Florida escape offense (944.40) is a qualifying violent felony under ACCA, based on the statute’s category and risk of violence.
- Sentence imposed: 190 months; the district court’s conclusions were affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Proch had three qualifying prior offenses under ACCA | Proch had not proven three separate predicates | Proch's offenses were separate episodes | Yes; three separate qualifying offenses were established |
| Whether district court could consult non-Shepard records to assess separate occasions | Only Shepard-approved records may be used | Alternative sources can be considered to determine distinct offenses | Court reviewed de novo and found three separate offenses using Shepard-approved records, plus corroborating sources |
| Whether Florida § 944.40 escape from custody is a violent felony under ACCA | Escape from custody is not equivalent to enumerated violent felonies | Escape from custody poses serious risk of physical injury and is similar in kind to enumerated offenses | Yes; escape from custody is a violent felony under ACCA |
Key Cases Cited
- Chambers v. United States, 555 U.S. 122 (2009) (escape-from-custody not a violent felony under ACCA (distinct from failure to report))
- Begay v. United States, 553 U.S. 137 (2008) (categorical approach; stay within risk-like similarity to enumerated crimes)
- Sneed, 600 F.3d 1326 (11th Cir. 2010) ( Shepard-approved records required for separate-occasions analysis under ACCA)
- Harrison v. United States, 558 F.3d 1280 (11th Cir. 2009) (framework for determining whether a crime poses a serious potential risk of physical injury)
- Lee, 208 F.3d 1306 (11th Cir. 2000) ( walkaway escapes distinguished in ACCA context)
- Pope, 132 F.3d 684 (11th Cir. 1998) ( temporal distinctness required for separate predicates)