United States v. Tron Harrison
691 F. App'x 769
| 4th Cir. | 2017Background
- Defendant Tron Mertell Harrison pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1), 924(a), (e).
- The district court applied a two-level enhancement under U.S.S.G. § 2K2.1(a)(2) based in part on two prior felony convictions: a controlled-substance offense and a South Carolina criminal conspiracy conviction (S.C. Code Ann. § 16-17-410).
- The legal dispute on appeal focused on whether the South Carolina conspiracy conviction qualified as a "crime of violence" for sentencing enhancement purposes.
- The South Carolina conspiracy statute is general (common-law style) and does not itself specify the object or require an overt act.
- The record showed Harrison’s conspiracy conviction was for conspiring to commit armed robbery, an offense that is undisputedly a crime of violence under the Guidelines.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a conviction under South Carolina conspiracy statute qualifies as a "crime of violence" for U.S.S.G. § 2K2.1(a)(2) enhancement | Harrison: general conspiracy statute cannot be treated as a crime of violence absent proof the conspiracy’s object was violent | Government: the sentencing court may look to the record of conviction to identify the conspiracy’s object; here it was armed robbery, a crime of violence | Court: Affirmed. When record shows the conspiracy’s object was armed robbery, the conspiracy conviction qualifies as a crime of violence and supports the § 2K2.1(a)(2) enhancement |
Key Cases Cited
- United States v. McNeal, 818 F.3d 141 (4th Cir.) (standard of review for legal questions)
- United States v. Ward, 171 F.3d 188 (4th Cir. 1999) (when conspiracy statute is generic, court may examine record to determine violent object)
- United States v. White, 571 F.3d 365 (4th Cir. 2009) (applied categorical approach to conspiracy tied to a violent objective)
- United States v. Mack, 855 F.3d 581 (4th Cir. 2017) (attempts and conspiracies to commit enumerated violent crimes qualify under Guidelines commentary)
- United States v. Doctor, 842 F.3d 306 (4th Cir. 2016) (South Carolina robbery crimes fall within the force clause)