United States v. Webster
2011 U.S. App. LEXIS 3965
| 8th Cir. | 2011Background
- Webster pled guilty to felon in possession of a firearm under 18 U.S.C. § 922(g)(1) with the ACCA applicability at issue in sentencing.
- The plea agreement reserved for sentencing whether ACCA applied; the parties did not agree on ACCA sentencing enhancements.
- District court refused to apply ACCA, finding Shepard v. United States inapplicable to evidence showing Maryland convictions.
- Government offered case history and a 1999 PSR to prove Maryland burglary convictions; these were deemed inadmissible as noncompliant with Shepard’s evidentiary limits.
- Judge found insufficient predicate ACCA convictions absent Maryland judgments; sentenced Webster to 72 months.
- Court of Appeals reverses and remands for resentencing, holding Shepard does not bar consideration of the documents to prove conviction facts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Shepard limits use of documents to prove prior convictions. | Webster (defendant) argues Shepard bars such documents. | Government contends prior convictions can be proven without specific documents. | Shepard does not preclude using those documents to prove conviction facts. |
| Whether 1988 Maryland burglary qualifies as a violent felony under ACCA. | Disputed whether Maryland 27-30 burglary is the predicate | Any § 27-30 conviction is a violent felony for ACCA purposes. | Any § 27-30 conviction is a violent felony; no need for which subsection formed the basis. |
| Whether the district court properly weighed evidence to determine conviction. | District court erred by excluding case history and 1999 PSR. | Evidence may be weighed; credibility matters. | District court must decide fact of conviction using all relevant evidence; remand for resentencing. |
| What is the proper remedy given misapplication of ACCA analysis? | ACCA should apply if conviction proven. | ACCA should not apply if no valid conviction proven. | Remand for resentencing consistent with this opinion. |
Key Cases Cited
- Shepard v. United States, 125 S. Ct. 1254 (Supreme Court, 2005) (limits evidence for determining the nature of a prior conviction)
- Taylor v. United States, 495 U.S. 575 (Supreme Court, 1990) (formal categorical approach for violent felonies)
- Forrest v. United States, 611 F.3d 908 (8th Cir., 2010) (formal vs. modified categorical approach in ACCA)