105 F.4th 520
3rd Cir.2024Background
- Sahbree Hurtt pleaded guilty in December 2022 to federal drug possession with intent to distribute (heroin, fentanyl, cocaine).
- The U.S. Probation Office found two prior Pennsylvania convictions: aggravated assault (§ 2702(a)) and drug trafficking (§ 780-113(a)(30)).
- The government submitted judicial records and plea colloquies to establish the nature of Hurtt’s prior convictions.
- The District Court classified these prior convictions as a "crime of violence" and a "controlled substance offense" under the U.S. Sentencing Guidelines (USSG), qualifying Hurtt as a career offender.
- Hurtt challenged the use of these convictions as predicates for the career offender enhancement; the District Court disagreed and imposed sentencing enhancements. Hurtt appealed.
Issues
| Issue | Hurtt's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether aggravated assault (§ 2702(a)(6)) is a "crime of violence" under USSG | Records do not clearly show which subsection was violated; even if so, not a categorical match | Shepard documents show violation of (a)(6); (a)(6) aligns with crime of violence definition | Subsection (a)(6) fits the USSG definition; proper predicate offense |
| Whether drug trafficking (§ 780-113(a)(30)) is a "controlled substance offense" under USSG | Records do not clearly show substance; statute broader than federal definition | Plea records show cocaine base; federal definition matches state law; prior precedent controls | Conviction is a controlled substance offense under USSG |
| Statutory overbreadth: Pennsylvania's cocaine definition vs. federal law | PA law defines "cocaine" more broadly than federal law | USSG looks to state or federal law; breadth irrelevant | Federal/state law distinction is irrelevant |
| Statutory breadth: "administering" in PA law | (a)(30) includes administering, which federal law does not | Prior precedent: (a)(30) does not prohibit administering | Statute does not sweep more broadly; proper predicate |
Key Cases Cited
- United States v. Womack, 55 F.4th 219 (3d Cir. 2022) (standards for determining career offender status under USSG)
- United States v. Williams, 898 F.3d 323 (3d Cir. 2018) (categorical approach for predicate offenses)
- United States v. Brasby, 61 F.4th 127 (3d Cir. 2023) (modified categorical approach for divisible statutes)
- United States v. Ramos, 892 F.3d 599 (3d Cir. 2018) (divisibility of PA aggravated assault statute)
- United States v. Henderson, 841 F.3d 623 (3d Cir. 2016) (use of sentencing orders as Shepard documents)
- Singh v. Gonzales, 432 F.3d 533 (3d Cir. 2006) (PA simple assault as crime of violence)
- United States v. Glass, 904 F.3d 319 (3d Cir. 2018) (§ 780-113(a)(30) as controlled substance offense)