905 F.3d 991
6th Cir.2018Background
- Defendant Stephen Mitchell, a felon, was convicted of possession of ammunition in violation of 18 U.S.C. § 922(g) and sentenced under the Armed Career Criminal Act (ACCA) to 250 months plus three years supervised release based on three prior Tennessee violent-felony convictions (two aggravated assaults and one third-degree burglary).
- The Supreme Court invalidated the ACCA residual clause in Johnson and made that rule retroactive in Welch; Mitchell filed a § 2255 habeas petition arguing his priors no longer qualified as ACCA violent felonies.
- The district court granted habeas relief, held Mitchell’s Tennessee burglary and aggravated-assault convictions were not ACCA violent felonies, and corrected his sentence to time-served (after he had already served ~17 years) while reimposing three years supervised release.
- The government and Mitchell cross-appealed the form of relief; while the appeal was pending this Court decided related ACCA questions affecting Tennessee burglary statutes.
- The Sixth Circuit affirmed that Mitchell’s burglary conviction is not an ACCA violent felony (following Cradler) but vacated the district court’s corrected sentence and remanded for further proceedings consistent with Nichols, because a time-served correction that exceeds the statutory maximum is invalid.
Issues
| Issue | Plaintiff's Argument (Mitchell) | Defendant's Argument (United States) | Held |
|---|---|---|---|
| Whether Mitchell’s Tennessee burglary conviction qualifies as an ACCA "violent" felony | Burglary does not meet ACCA force/violent-felony definitions after Johnson/Welch | Burglary is a violent felony under ACCA | Mitchell’s burglary conviction is not a violent felony (affirmed) |
| Whether Mitchell’s aggravated-assault convictions qualify as ACCA violent felonies | Aggravated-assault priors do not qualify | They qualify as violent felonies | Court treated assaults as the only remaining violent priors (government conceded without contest) |
| Whether district court properly granted "time-served" relief that equaled > statutory maximum | Time-served reflects actual custody and is appropriate relief | Time-served may exceed statutory maximum and be unlawful | Vacated sentence; remand per Nichols because time-served exceeding statutory maximum is invalid |
| Whether three years supervised release was appropriate | Mitchell challenges the three-year term as unsupported | Government defends supervised-release term | Court declined to decide; remanded for district court to explain supervised-release rationale |
Key Cases Cited
- Cradler v. United States, 891 F.3d 659 (6th Cir.) (holding Tennessee third-degree burglary "building provision" is not an ACCA violent felony)
- Nichols v. United States, 897 F.3d 729 (6th Cir.) (time-served correction exceeding statutory maximum is invalid; outlines reasonableness review and procedures for correcting sentences on habeas)
- Welch v. United States, 136 S. Ct. 1257 (Sup. Ct.) (holding Johnson error applies retroactively to collateral challenges)
- Johnson v. United States, 135 S. Ct. 2551 (Sup. Ct.) (invalidating ACCA residual clause as unconstitutionally vague)