United States v. Terry J. Martin
2017 U.S. App. LEXIS 13646
| 11th Cir. | 2017Background
- Terry Martin pleaded guilty to being a felon in possession of a firearm and was sentenced to 48 months.
- The district court increased his base offense level based on a prior Florida felony conviction for fleeing to elude.
- The sentencing enhancement depended on whether that prior conviction qualified as a "crime of violence" under U.S.S.G. § 2K2.1(a)(4)(A), which refers to the definition in § 4B1.2.
- Eleventh Circuit precedent treated Florida felony fleeing to elude as a violent felony under the ACCA residual clause.
- After Martin’s sentencing, the Supreme Court in Johnson struck down the ACCA residual clause; later, Beckles held the Guidelines’ residual clause is not subject to a vagueness challenge.
- The Sentencing Commission subsequently removed the Guidelines’ residual clause by amendment, but that amendment was not yet effective at Martin’s sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Martin’s Florida felony fleeing-to-elude conviction counts as a "crime of violence" under U.S.S.G. § 2K2.1(a)(4)(A) | Martin: Johnson v. United States renders the residual clause unconstitutionally vague, so his prior conviction cannot qualify. | Government: Eleventh Circuit precedent and Beckles preserve the Guidelines’ residual-clause application at the time of sentencing. | The court affirmed: the prior conviction qualified as a crime of violence under the Guidelines in effect at sentencing. |
Key Cases Cited
- United States v. Petite, 703 F.3d 1290 (11th Cir. 2013) (held Fla. fleeing-to-elude fits ACCA residual clause)
- United States v. Chitwood, 676 F.3d 971 (11th Cir. 2012) (explains using ACCA cases to interpret § 4B1.2)
- Johnson v. United States, 135 S. Ct. 2551 (2015) (struck down ACCA residual clause as unconstitutionally vague)
- Beckles v. United States, 137 S. Ct. 886 (2017) (held Guidelines’ residual clause not subject to vagueness challenge)
- United States v. Jerchower, 631 F.3d 1181 (11th Cir. 2011) (apply Guidelines as they stood at sentencing; exception for clarifying amendments)