United States v. Trevon Sykes
2016 U.S. App. LEXIS 2
| 8th Cir. | 2016Background
- Sykes, a felon, sold multiple firearms to undercover ATF agents in May–June 2013 and pled guilty to being a felon in possession in violation of 18 U.S.C. § 922(g)(1).
- Presentence report (PSR) identified three prior burglary convictions (including two Second‑Degree Burglaries) and a serious drug offense from 2010, each punishable by more than one year.
- Probation classified Sykes as an Armed Career Criminal under the ACCA, 18 U.S.C. § 924(e), triggering a 15‑year mandatory minimum sentence; district court adopted the PSR and sentenced Sykes to 180 months.
- Sykes objected, arguing (1) Missouri Second‑Degree Burglary (as applied to unoccupied commercial buildings) is not a § 924(e) violent felony and (2) using juvenile‑age convictions for ACCA enhancement violates the Eighth Amendment.
- The district court rejected Sykes’s objections; on appeal the Eighth Circuit affirmed, holding the burglary convictions qualify as enumerated violent felonies and that enhancement based on convictions incurred as a juvenile (when certified adult) does not violate the Eighth Amendment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Missouri 2nd‑degree burglary convictions count as ACCA "burglary" | Sykes: statute overbroad; convictions were for unoccupied commercial buildings and thus not equivalent to generic burglary | Government: Missouri 2nd‑degree burglary elements match generic burglary; PSR facts established buildings were burglarized and defendant failed to timely object | Held: Convictions satisfy generic burglary; qualify as enumerated violent felonies under § 924(e) |
| Whether use of juvenile‑era convictions for ACCA enhancement violates the Eighth Amendment | Sykes: Applying ACCA enhancement for crimes committed under 18 is cruel and unusual punishment | Government: Roper and Graham do not address sentence‑enhancement; defendant was certified as an adult for those convictions | Held: No Eighth Amendment violation; using adult convictions based on juvenile conduct for ACCA enhancement is permissible |
Key Cases Cited
- Taylor v. United States, 495 U.S. 575 (defines "generic burglary" and the categorical approach)
- Shepard v. United States, 544 U.S. 13 (requires showing that prior conviction necessarily involved elements of generic offense)
- Johnson v. United States, 135 S. Ct. 2551 (struck down ACCA residual clause; did not affect enumerated offenses)
- Roper v. Simmons, 543 U.S. 551 (prohibits capital punishment for offenders under 18; not about sentence enhancement)
- Graham v. Florida, 560 U.S. 48 (prohibits life without parole for nonhomicide juvenile offenders; not about ACCA enhancement)
- United States v. Boaz, 558 F.3d 800 (8th Cir. standard of review on ACCA predicate issue)
- United States v. Jones, 574 F.3d 546 (8th Cir. holding that Eighth Amendment does not bar ACCA enhancement based on juvenile conduct when treated as adult)
- United States v. Stymiest, 581 F.3d 759 (defendant must timely object to PSR facts to force government to introduce Shepard/Taylor evidence)