United States v. Tavares Chandler
743 F.3d 648
9th Cir.2014Background
- Chandler pleaded guilty to felon-in-possession of a firearm under 18 U.S.C. § 922(g)(1).
- District court found Chandler had three violent felony predicates under the ACCA and imposed a 235-month sentence.
- Chandler’s Nevada convictions were for second degree kidnapping, coercion, and conspiracy to commit robbery.
- Chandler objected that conspiracy to commit robbery and kidnapping were not ACCA violent felonies; coercion qualified.
- Appeals court reviews de novo whether a prior conviction is a predicate under the ACCA.
- Court affirms, holding all three Nevada offenses are violent felonies under ACCA’s residual clause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether conspiracy to commit robbery under Nevada law is a violent felony under ACCA | Chandler argues conspiracy is not violent | Government argues conspiracy involves substantial risk of injury | Conspiracy to commit robbery is a violent felony under ACCA. |
| Whether second-degree kidnapping under Nevada law is a violent felony under ACCA | Chandler contends kidnapping may be nonviolent | Government contends it presents serious injury risk | Second-degree kidnapping is a violent felony under ACCA. |
| What standard governs whether a state offense is a violent felony under ACCA (Park framework; conduct risk, close analog) | N/A | N/A | Use Park framework: assess serious risk and rough similarity to enumerated offenses. |
Key Cases Cited
- United States v. Grisel, 488 F.3d 844 (9th Cir. 2007) (de novo review of ACCA predicate fact questions)
- United States v. Park, 649 F.3d 1175 (9th Cir. 2011) (framework for crime-of-violence under ACCA residual clause)
- James v. United States, 550 U.S. 192 (U.S. 2007) (risk assessment under ACCA residual clause; attempted vs. completed offenses)
- Begay v. United States, 553 U.S. 137 (U.S. 2008) (purposeful, violent, and aggressive conduct principle for ACCA strictures)
- Sykes v. United States, 131 S.Ct. 2267 (U.S. 2011) (risk level guidance for ACCA cases; Begay's formula limited to certain offenses)
- Mendez, 992 F.2d 1488 (9th Cir. 1993) (conspiracy-to-robbery as violent felony under § 924(e) (precedent cited by majority))
- Delgado-Hernandez, 697 F.3d 1125 (9th Cir. 2012) (kidnapping as crime with serious risk; persuasive for Nevada statute analysis)
- Harris, 572 F.3d 1065 (9th Cir. 2009) (robbery as crime of violence under guidelines; relevance to ACCA analysis)