United States v. Taylor
659 F.3d 339
| 4th Cir. | 2011Background
- Taylor and Thompson were convicted of felon in possession of a firearm after being seen with a loaded handgun on a Baltimore street.
- Detective Cook testified Taylor passed a silver handgun to Thompson through a car window; Thompson fled, and a second loaded handgun was recovered from Thompson.
- Taylor argued for a lower sentence; the district court imposed 96 months based on the two-point enhancement for possession of a stolen firearm under USSG § 2K2.1(b)(4)(A).
- Thompson faced a 15-year ACCA minimum due to three prior convictions, including Maryland second-degree assault; the district court relied on a plea transcript to find the assault a violent felony under the ACCA.
- Thompson challenged the use of the Maryland assault conviction as a predicate under the ACCA, arguing his plea did not admit to violent conduct; the district court and the court below applied a modified categorical approach per Shepard.
- On appeal, the Fourth Circuit affirmed Taylor’s conviction and sentence and Thompson’s ACCA sentence, with a partial dissent addressing the Thompson portion
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for Taylor’s §922(g)(1) conviction | Taylor challenged Cook’s credibility and evidentiary timeline | Taylor asserts insufficient evidence tying him to possession | Sufficient evidence supported conviction |
| Validity of the stolen-firearm enhancement without mens rea | Government relied on §2K2.1(b)(4)(A) despite lack of mens rea | Taylor argues no mens rea undermines enhancement | Enhancement upheld; lack of mens rea not fatal |
| Thompson’s ACCA predicate—violent felony | State court record shows violent conduct; Collins argues it’s not legitimate | Thompson contends Maryland second-degree assault not a violent felony under ACCA | Thompson’s Maryland second-degree assault valid ACCA predicate under the force clause via Shepard materials |
| Alston/Shepard-based analysis of plea transcript | Argument under Shepard governs admissibility | Attorney statements can satisfy the transcript requirement | Shepard materials support violent felony finding; district court proper |
| Dissent’s view on Shepard’s guarantees |
Key Cases Cited
- United States v. Mobley, 956 F.2d 450 (3d Cir. 1992) (stolen firearms justify enhanced culpability)
- Dean v. United States, 556 U.S. 568 (U.S. 2009) (absence of mens rea not invariably fatal; unintended consequences punished)
- Johnson v. United States, 130 S. Ct. 1265 (U.S. 2010) (force clause requires violent force capable of causing injury)
- Shepard v. United States, 544 U.S. 13 (U.S. 2005) (modified categorical approach; use of charging document, plea agreement, transcript to show defendant admitted facts)
- Taylor v. United States, 495 U.S. 575 (U.S. 1990) (categorical approach for ACCA predicates)
- Alston v. United States, 611 F.3d 219 (4th Cir. 2010) (Alford plea cannot support ACCA predicate under Shepard)