32 F.4th 278
4th Cir.2022Background
- In 1994 Richard Jackson kidnapped, raped, electroshocked, and fatally shot Karen Styles; he later confessed.
- State convictions (including death sentence) were vacated on Miranda grounds; Jackson pled to second-degree murder in state court.
- In 2000 a federal indictment charged Jackson under 18 U.S.C. § 924(c) and § 924(j) for using a firearm during a “crime of violence” that resulted in death, alleging three predicate offenses: federal first‑degree murder (18 U.S.C. § 1111), federal kidnapping, and federal aggravated sexual abuse.
- A federal jury unanimously convicted Jackson of premeditated first‑degree murder, felony murder, aggravated sexual abuse, and kidnapping, and recommended death; this Court affirmed on direct appeal.
- On collateral review Jackson filed a successive § 2255 motion arguing that after Johnson, Davis, and especially Borden, some forms of first‑degree murder (notably felony murder that can be based on reckless mens rea) are not § 924(c) “crimes of violence”; he contended his § 924(c)/§ 924(j) convictions thus lack a valid predicate.
- The district court denied relief; the Fourth Circuit affirmed, holding § 1111(a) divisible, that the jury unanimously found premeditated murder, and that premeditated murder is categorically a § 924(c) “crime of violence.”
Issues
| Issue | Plaintiff's Argument (Jackson) | Defendant's Argument (Government) | Held |
|---|---|---|---|
| Divisibility of 18 U.S.C. § 1111(a) | § 1111(a) is indivisible; premeditation and felony murder are mere means, so the statute must be judged by its least culpable (potentially reckless) conduct | § 1111(a) sets out alternative, distinct versions of first‑degree murder (premeditated, felony murder, etc.), so the statute is divisible and the modified categorical approach applies | § 1111(a) is divisible; its alternatives are separate versions/elements, so modified categorical approach applies |
| Whether the jury necessarily found a valid predicate (premeditated murder) | Shepard documents do not prove the jury necessarily relied on premeditated murder for the § 924(c) predicate; jury could have relied on felony murder (which may be non‑violent post‑Borden) | Verdict form, indictment, and jury instructions show unanimous findings that Jackson committed premeditated murder (and felony murder); jury clearly found premeditation | The jury unanimously and unambiguously found premeditated first‑degree murder; Shepard documents suffice to identify the predicate as premeditated murder |
| Whether premeditated first‑degree murder qualifies as a § 924(c)(3)(A) "crime of violence" after Borden | Borden forbids categorically treating offenses that can be committed recklessly as crimes of violence; felony murder might be reckless and problematic | Premeditated murder requires an intentional mens rea and necessarily involves use of violent force capable of causing injury or death, so it satisfies the force clause | Premeditated first‑degree murder is categorically a “crime of violence” (requires intent and violent force); Borden does not help Jackson |
Key Cases Cited
- United States v. Davis, 139 S. Ct. 2319 (2019) (struck down § 924(c) residual clause; defined force/element requirement)
- Borden v. United States, 141 S. Ct. 1817 (2021) (offenses that can be committed recklessly are not violent‑felony/force‑clause predicates)
- Johnson v. United States, 576 U.S. 591 (2015) (invalidated ACCA residual clause)
- Welch v. United States, 578 U.S. 120 (2016) (Johnson retroactive on collateral review)
- In re Thomas, 988 F.3d 783 (4th Cir. 2021) (Davis rule made retroactive for collateral review)
- United States v. Irby, 858 F.3d 231 (4th Cir. 2017) (holding murder categorically involves violent force)
- United States v. Mathis, 932 F.3d 242 (4th Cir. 2019) (applying divisibility reasoning to a state first‑degree murder statute)
- Mathis v. United States, 136 S. Ct. 2243 (2016) (distinguishing elements from means for divisibility analysis)
- Descamps v. United States, 570 U.S. 254 (2013) (modified categorical approach applies only to divisible statutes)
- Shepard v. United States, 544 U.S. 13 (2005) (limits permissible record documents to identify the statutory alternative of conviction)
- Stokeling v. United States, 139 S. Ct. 544 (2019) (force must have potential to cause physical pain or injury)
- United States v. Roof, 10 F.4th 314 (4th Cir. 2021) (discussion of categorical approach and murder as violent crime)
- United States v. Jackson, 327 F.3d 273 (4th Cir. 2003) (prior appeal affirming Jackson’s federal conviction and sentence)