United States v. Randy Meherg
2013 U.S. App. LEXIS 7031
7th Cir.2013Background
- Meherg pleaded guilty to possession of a firearm after a felony conviction; ACCA applies if three qualifying prior convictions exist.
- District court held Meherg is an armed career criminal based on two Illinois serious drug offenses (1–15 g cocaine) and aggravated stalking, imposing 180-month minimum.
- Meherg challenges reliance on the pre-sentencing report (PSR) to prove two drug offenses; argues potential scrivener errors in statute references.
- Court requires the PSR to be reliable but permits corrections if real doubt is raised; Meherg offered no direct evidence contradicting conviction charges.
- Court analyzes whether aggravated stalking qualifies as a crime of violence under ACCA, including residual-clause risk assessment; holds it does.
- Conclusion: district court’s ACCA designation affirmed; Meherg’s sentence stands.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether PSR evidence reliably proves two serious drug offenses | Meherg disputes the two drug convictions based on unclear statute references | Meherg argues ambiguity could reflect lesser offenses | PSR evidence adequate; no real doubt shown |
| Whether aggravated stalking qualifies as a crime of violence under ACCA | Meherg contends it lacks element of force or falls outside residual clause | Government concedes no force element but asserts residual-clause risk | Aggravated stalking produced serious potential risk of injury; qualifies under residual clause; affirmed |
Key Cases Cited
- United States v. Sykes, 598 F.3d 334 (7th Cir. 2010) (defers to de novo review of ACCA determinations; remanded by SCOTUS)
- Capler v. United States, 636 F.3d 321 (7th Cir. 2011) (categorical approach to residual clause)
- Sonnenberg v. United States, 628 F.3d 361 (7th Cir. 2010) (residual-clause risk assessment guidance)
- United States v. Wallace, 326 F.3d 881 (7th Cir. 2003) (unlawful restraint/false imprisonment deemed crime of violence)
- United States v. Billups, 536 F.3d 574 (7th Cir. 2008) (false imprisonment/ restraint deemed crime of violence)
- United States v. Seay, 553 F.3d 732 (4th Cir. 2009) (North Carolina stalking as crime of violence under residual clause)
- Flores v. Ashcroft, 350 F.3d 666 (7th Cir. 2003) (risk-based approach to violent offenses)
- United States v. Black, 636 F.3d 893 (7th Cir. 2011) (PSR reliability standard reaffirmed)