United States v. Travis Ryan Raymond
778 F.3d 716
8th Cir.2015Background
- Travis Raymond was stopped; officers discovered the vehicle was stolen, arrested him, and searched the car.
- Search uncovered a handgun under the driver’s seat and a case containing methamphetamine and drug paraphernalia.
- Raymond pleaded guilty to possession with intent to distribute methamphetamine (21 U.S.C. § 841(a)(1)) and to illegal firearm possession (18 U.S.C. § 922(g)(1)).
- The district court designated Raymond an armed career criminal under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(1), based on at least three prior violent-felony convictions.
- The court imposed the 15-year statutory minimum sentence; Raymond reserved the right to appeal the ACCA designation and argued that possession of a handgun is not a "violent felony."
- The district court treated Raymond’s prior Minnesota convictions (fleeing police in a motor vehicle; third-degree burglary; second-degree aggravated robbery; simple robbery) as violent felonies; Raymond did not challenge those determinations on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether current § 922(g)(1) gun possession must itself be a "violent felony" to trigger ACCA enhancement | Raymond: possession of a handgun is not a violent felony, so ACCA should not apply | Government: ACCA applies when the § 922(g) offender has three prior violent-felony or serious-drug convictions; the current offense need not be a violent felony | Court: ACCA applies based on prior convictions; current firearm possession need not be a violent felony; affirmed |
Key Cases Cited
- United States v. Pate, 754 F.3d 550 (8th Cir. 2014) (Minnesota fleeing police in a motor vehicle is a violent felony under ACCA)
- United States v. Constantine, 674 F.3d 985 (8th Cir. 2012) (Minnesota third-degree burglary is a violent felony under ACCA)
- United States v. Rucker, [citation="545 F. App'x 567"] (8th Cir. 2013) (Minnesota aggravated robbery treated as a violent felony under ACCA)
- United States v. Johnson, [citation="526 F. App'x 708"] (8th Cir. 2013) (Minnesota simple robbery treated as a violent felony under ACCA)