United States v. Randall Jennings
2017 U.S. App. LEXIS 10679
7th Cir.2017Background
- Defendant Randall Jennings pleaded guilty to being a felon in possession of a firearm (18 U.S.C. § 922(g)(1)).
- At sentencing the district court treated Jennings’ Minnesota convictions for simple robbery and two felony domestic-assault convictions as "crimes of violence" under the ACCA (18 U.S.C. § 924(e)) and U.S.S.G. § 4B1.4, triggering a 15-year statutory minimum and Guidelines enhancements.
- The court also (but later abandoned on appeal) relied on prior terroristic-threat convictions; the government did not defend that basis on appeal.
- Jennings argued Minnesota simple robbery and felony domestic assault do not categorically require the use or threatened use of "violent physical force" as defined by Curtis Johnson v. United States (559 U.S. 133), so they cannot be ACCA predicates.
- The Seventh Circuit reviewed de novo, followed its precedents (United States v. Maxwell and United States v. Yang), and affirmed that Minnesota simple robbery and felony domestic assault qualify as crimes of violence under the ACCA and the Guidelines.
Issues
| Issue | Plaintiff's Argument (Jennings) | Defendant's Argument (Government) | Held |
|---|---|---|---|
| Whether Minnesota simple robbery is a "crime of violence" under ACCA force clause | Simple robbery can be committed with only de minimis or non-violent force (cases like Burrell, Nelson), so it does not categorically require "violent physical force." | Minnesota robbery requires intentional infliction or attempted infliction of bodily harm or causing fear of immediate bodily harm, which meets Curtis Johnson's definition of violent physical force. | Minnesota simple robbery is a crime of violence; Maxwell remains controlling and is affirmed. |
| Whether Minnesota felony domestic assault is a "crime of violence" under ACCA force clause | The statute defines bodily harm but does not expressly require physical force as the means; hypothetically could encompass non-physical means (e.g., withholding food), so it is not categorically a force offense. | The statute criminalizes inflicting or attempting to inflict bodily harm or causing fear of immediate bodily harm; such harms ordinarily involve physical force (including force inherent in harmful agents or control), satisfying Curtis Johnson. | Minnesota felony domestic assault is a crime of violence; Yang remains controlling and is affirmed. |
Key Cases Cited
- Curtis Johnson v. United States, 559 U.S. 133 (2010) (defines "physical force" in ACCA as "violent force" capable of causing physical pain or injury)
- United States v. Maxwell, 823 F.3d 1057 (7th Cir. 2016) (holds Minnesota simple robbery is a crime of violence)
- United States v. Yang, 799 F.3d 750 (7th Cir. 2015) (holds Minnesota felony domestic assault is a crime of violence)
- Taylor v. United States, 495 U.S. 575 (1990) (establishes categorical approach for predicate offenses)
- United States v. Castleman, 134 S. Ct. 1405 (2014) (discusses relationship between physical force and bodily injury in the context of domestic-violence predicates)