United States v. Travonte Hughes
694 F. App'x 463
| 8th Cir. | 2017Background
- Travonte Hughes pleaded guilty to being a felon in possession of a firearm (18 U.S.C. §§ 922(g)(1), 924(a)(2)) after pointing a loaded gun at police inside a barbershop and later surrendering.
- The PSR applied U.S.S.G. § 2K2.1(a)(2) (base offense level 24) based on two prior felony convictions the PSR treated as crimes of violence: residential burglary (720 Ill. Comp. Stat. 5/19-3(a)) and willful injury (Iowa Code § 708.4(2)).
- The PSR recommended a 4-level enhancement under U.S.S.G. § 2K2.1(b)(6)(B) for committing the felon-in-possession offense in connection with another felony (Iowa carrying-weapons offense), producing a Guidelines range of 87–108 months (offense level 27, criminal history III).
- Hughes objected: he argued residential burglary should not count as a crime of violence under a forthcoming Guidelines revision, and that the Iowa carrying-weapons offense could not support the § 2K2.1(b)(6)(B) enhancement because it arose from the same conduct as the federal offense (he preserved the issue for en banc review).
- The district court adopted the PSR but also calculated an alternative Guidelines range (57–71 months) assuming only one prior crime-of-violence conviction and sentenced Hughes to 71 months as a downward variance, stating it would impose the same 71-month nonguidelines sentence even if the Guidelines computation were erroneous.
- On appeal Hughes argued the Guidelines calculation was incorrect and that the 71-month sentence was substantively unreasonable; the court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether residential burglary counted as a "crime of violence" for U.S.S.G. § 2K2.1(a)(2) | Hughes: burglary should not qualify under the forthcoming § 4B1.2(a)(2) revision | Government: prior convictions reasonably count as crimes of violence under existing law | Court avoided resolving; any error harmless because court imposed an alternative nonguidelines 71-month sentence |
| Whether § 2K2.1(b)(6)(B) enhancement applied (connection to another felony) | Hughes: Iowa carrying-weapons offense was same-conduct and cannot support enhancement | Government: state carrying-weapons offense could support enhancement | Court noted issue but affirmed because alternative nonguidelines sentence made any Guidelines error harmless |
| Whether district court procedurally erred in sentencing (PSR adoption, consideration of factors) | Hughes: court misapplied Guidelines and failed to consider mitigating background fully | Government: court adopted PSR, considered § 3553 factors and mitigation | No procedural error; court considered PSR and arguments; properly weighed factors |
| Whether 71-month sentence was substantively unreasonable | Hughes: court failed to account adequately for childhood trauma and potential for rehabilitation | Government: sentence reasonable given severity and assaultive nature toward officers | Sentence substantively reasonable; district court did not abuse its discretion in weighing factors |
Key Cases Cited
- Sayles v. United States, 674 F.3d 1069 (8th Cir. 2012) (harmless-sentencing-error framework when court makes alternative holding)
- Diaz-Pellegaud v. United States, 666 F.3d 492 (8th Cir. 2012) (standard for appellate review of sentencing reasonableness)
- Reynolds v. United States, 643 F.3d 1130 (8th Cir. 2011) (procedural reasonableness principles in sentencing review)
- Delgado-Hernandez v. United States, 646 F.3d 562 (8th Cir. 2011) (when a sentence is substantively unreasonable)
- Anderson v. United States, 618 F.3d 873 (8th Cir. 2010) (district court’s discretion in weighing sentencing factors)
- Walker v. United States, 771 F.3d 449 (8th Cir. 2014) (treatment of same-conduct argument regarding enhancements)