United States v. Rodney Taylor
695 F. App'x 988
| 8th Cir. | 2017Background
- Taylor, a felon, was convicted of felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2).
- District court adopted the PSR and sentenced Taylor to 77 months after a base offense level of 24 with a 3-level acceptance-of-responsibility adjustment (total level 21).
- PSR produced a Guidelines range of 77 to 96 months based on criminal history category VI and total offense level 21.
- Taylor argued his base offense level should be 20 because his Missouri § 571.030.1(4) convictions are not crimes of violence under § 4B1.2(a).
- Taylor challenged the constitutionality of § 922(g)(1) as applied to him under the Second Amendment.
- The court denied the motion to dismiss the indictment and affirmed the 77-month sentence, agreeing with the government on the Guidelines issue and upholding the constitutionality of § 922(g)(1) as applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Taylor’s base offense level is 24 or 20. | Taylor argues §571.030.1(4) is not a crime of violence. | Taylor (as the government argues) that it is a crime of violence under §4B1.2(a). | Base offense level 24 affirmed. |
| Whether §922(g)(1) is unconstitutional as applied to Taylor. | Taylor contends the Second Amendment forbids application here. | Government contends §922(g)(1) is constitutional as applied. | Statute constitutional as applied; affirmed. |
Key Cases Cited
- United States v. Hudson, 851 F.3d 807 (8th Cir. 2017) (crime of violence under force and residual clauses)
- United States v. Jackson, 462 F.3d 899 (8th Cir. 2006) (statutory crime of violence under §4B1.2(a))
- United States v. Pulliam, 566 F.3d 784 (8th Cir. 2009) (force clause interpretation of 4B1.2(a)(1))
- United States v. Fields, 167 F.3d 1189 (8th Cir. 1999) (residual clause interpretation of 4B1.2(a)(2))
- United States v. Boose, 739 F.3d 1185 (8th Cir. 2014) (relation of force vs residual clause in 4B1.2(a))
- United States v. Tessmer, 659 F.3d 716 (8th Cir. 2011) (precedent on crime-of-violence analysis under Guidelines)
- United States v. Craig, 630 F.3d 717 (8th Cir. 2011) (Guidelines analysis of crime of violence)
- United States v. Vincent, 575 F.3d 820 (8th Cir. 2009) (interpretation of 4B1.2(a) residual clause)
- United States v. Eason, 829 F.3d 633 (8th Cir. 2016) (one-panel-bound principle; circuit precedent binding)