United States v. Tracey Coad
697 F. App'x 246
4th Cir.2017Background
- Tracey Lamont Coad pled guilty to possession of a firearm by a convicted felon under 18 U.S.C. §§ 922(g)(1), 924(e).
- Coad was originally sentenced under the ACCA to 212 months; this Court affirmed but the Supreme Court granted certiorari and remanded after Johnson v. United States (invalidating ACCA residual clause).
- On remand the ACCA sentence was vacated; the district court recalculated the Guidelines, finding a range of 78–97 months, and imposed a 97‑month sentence.
- The district court applied the attempted murder cross‑reference (USSG § 2A2.1(a)(2)) rather than the aggravated assault cross‑reference (USSG § 2A2.2).
- The underlying conduct: Coad entered a residence armed, sought the victim, shot the victim once during a confrontation and shot three additional times after the victim asked why Coad was shooting.
- Coad appealed the amended judgment arguing the aggravated assault guideline should apply (and invoked the rule of lenity); this Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court should apply attempted murder cross‑reference (USSG § 2A2.1) or aggravated assault (USSG § 2A2.2) | Coad: conduct could be aggravated assault; rule of lenity favors the lesser guideline | Government: facts support attempted first‑degree murder cross‑reference; Guidelines direct use of the most serious offense when multiple offenses are involved | Court: Affirmed attempted murder cross‑reference; conduct constituted attempted first‑degree murder and rule of lenity does not apply |
| Whether the rule of lenity requires choosing the lesser guideline when ambiguity exists | Coad: ambiguity exists; lenity should resolve in his favor | Government: no grievous ambiguity; Guidelines instruct using the most serious offense | Court: Lenity not applicable absent grievous ambiguity; Guidelines are explicit, so lenity fails |
Key Cases Cited
- Johnson v. United States, 135 S. Ct. 2551 (2015) (invalidated ACCA residual clause as unconstitutionally vague)
- Coad v. United States, 136 S. Ct. 107 (2015) (granting certiorari and remanding in light of Johnson)
- United States v. Bass, 404 U.S. 336 (1971) (rule of lenity resolves ambiguities in criminal statutes for defendant)
- United States v. Cutler, 36 F.3d 406 (4th Cir. 1994) (rule of lenity applies to Guidelines only when grievous ambiguity exists)
- United States v. Cox, 744 F.3d 305 (4th Cir. 2014) (standard of review for Guidelines calculations: de novo legal conclusions; factual findings for clear error)