United States v. Ramone Anderson
2012 U.S. App. LEXIS 19212
| 6th Cir. | 2012Background
- Anderson, a felon, was convicted of unlawful possession of a firearm by a felon with at least three prior violent felonies, and sentenced to 293 months under ACCA; incident began with a bar altercation and a shooting in Cincinnati, followed by a vehicle chase, handcuffing, and discovery of a loaded handgun near his car; Miranda warnings were given twice, and he made a recorded statement admitting possession and discharging the firearm in self-defense; indictment filed February 21, 2008; trial completed November 5, 2009; PSR designated him an armed career criminal and the district court adopted that enhancement; jurisdiction in the district court and on appeal is proper.
- Anderson challenged the denial of his suppression motion, the competency evaluation, a claimed lack of knowing and voluntary waiver of the right to testify, timing under the Speedy Trial Act, and the ACCA analysis including prior convictions and their qualification as violent felonies.
- The district court ordered a competency evaluation as a precautionary measure, which did not affect conviction or sentence; Anderson’s waiver of the right to testify was found knowing and voluntary after the judge confirmed his decision, and the court rejected plain-error review for the failure to raise the waiver below; the Speedy Trial Act calculation was resolved in favor of the government due to ends-of-justice continuances and waivers signed by Anderson; the ACCA issues focused on whether prior Ohio convictions are elements or sentencing enhancements and whether the listed priors qualify as violent felonies under the ACCA.
- Anderson’s conviction and sentence were affirmed on appeal, including the ACCA applicability and the interpretation of prior convictions as sentencing factors under Almendarez-Torres, with the court applying a categorical approach to determine violent felonies under § 924(e)(2)(B).
- The concurrence agrees Ohio aggravated assault and felonious assault qualify as violent felonies under the residual clause of ACCA but disputes that the force prong is satisfied by those statutes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Miranda waiver was knowing and voluntary | Anderson claimed his head injury and physical state rendered waiver invalid | Court should find waiver not knowing/voluntary based on condition | Waiver was knowing and voluntary |
| Whether the district court abused discretion by ordering competency evaluation | Evaluation delayed trial but protected interests | No abuse; precautionary measure | No abuse of discretion |
| Whether the waiver of the right to testify was properly handled | Waiver not adequately elicited on record | Judge’s brief inquiry sufficient; no duty to create record | Waiver was knowing and voluntary |
| Whether the Speedy Trial Act was violated | Clock ran beyond 70 days | Ends-of-justice continuances and waivers excluded time | No Speedy Trial Act violation; clock properly tolled |
| Whether the ACCA prior convictions were properly applied (elements vs. sentencing factors and violent felonies) | Prior convictions should be elements of the offense | Prior convictions are sentencing factors; Almendarez-Torres controls | Prior convictions treated as sentencing factors; Ohio aggravated/felonious assault qualify as violent felonies under ACCA |
Key Cases Cited
- United States v. Crowell, 493 F.3d 744 (6th Cir.2007) (de novo review for constitutional challenges to ACCA)
- United States v. Martin, 526 F.3d 926 (6th Cir.2008) (prior conviction as sentencing factor under Almendarez-Torres exception)
- United States v. McMurray, 653 F.3d 367 (6th Cir.2011) (ACCA prior convictions treated as sentencing factors)
- United States v. Gibbs, 626 F.3d 344 (6th Cir.2010) (categorical approach to violent felonies; use of Shepard v. United States)
- United States v. Gloss, 661 F.3d 317 (6th Cir.2011) (analysis of violent felony under ACCA when force element present or not)
- United States v. Jones, 495 F.3d 274 (6th Cir.2007) (abuse of discretion when evaluating competency hearing)
- De Leon Castellanos v. Holder, 652 F.3d 762 (7th Cir.2011) (domestic battery case; supports violent felony interpretation via force/bodily harm)
- O’Brien, 130 S. Ct. 2169 (2010) (ACCA/recidivist considerations; context for force vs. sentencing factors)
- United States v. Vonner, 516 F.3d 382 (6th Cir.2008) (plain-error review for ACCA questions when no objection)