United States v. Webster
2011 U.S. App. LEXIS 24083
8th Cir.2011Background
- Webster pled guilty to felon-in-possession of a firearm under 18 U.S.C. § 922(g)(1) with a concession that the firearm was subject to forfeiture under § 924(d).
- Indictment alleged four prior felonies: 1978 Nebraska armed robbery with a firearm, 1981 Maryland robbery, 1988 Maryland burglary, and a 1999 federal conspiracy to distribute crack cocaine.
- At initial sentencing the ACCA evidence was limited/partially excluded; the court did not rely on all convictions to calculate the mandatory minimum.
- This court reversed in Webster I, remanding to determine whether the 1988 Maryland burglary conviction could be established and thus trigger the ACCA.
- On remand, the district court admitted the 1988 case history and the 1999 PSR to prove the burglary; it relied on a preponderance of the evidence and sentenced Webster to 180 months with concurrent supervised release.
- Webster appeals, challenging whether the district court properly recognized three prior violent felonies under the ACCA and the evidentiary basis for that finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 1988 burglary conviction qualifies as a violent felony under ACCA. | Webster: burden and reliability undermine the burglary finding. | Webster: not proven by admissible evidence; misapplication of law. | Yes; the district court properly found the 1988 burglary under ACCA. |
| Whether case history/PSR evidence is reliable for proving a prior conviction under Shepard. | Webster: case history unreliable and outside Shepard's scope. | Webster: internal consistency supports reliability. | Yes; the district court did not clearly err in admitting and using the case history/PSR. |
| What is the proper burden of proof for establishing ACCA predicates at sentencing? | Webster: beyond a reasonable doubt should apply. | United States: preponderance of the evidence suffices. | Preponderance of the evidence is the proper standard. |
| Whether the 180-month sentence under ACCA was properly imposed given the proved predicates. | affirmed as proper under ACCA predicates. |
Key Cases Cited
- Shepard v. United States, 544 U.S. 13 (2005) (limits evidence admissible to certain factual determinations under Shepard)
- Apprendi v. New Jersey, 530 U.S. 466 (2000) (recognizes sentencing facts may be proved by reasonable burden of proof)
- United States v. Turner, 431 F.3d 332 (8th Cir. 2005) (clear-error standard for factual findings at sentencing)
- United States v. Webster, 636 F.3d 916 (8th Cir. 2011) (prior panel decision; ACCA considerations for burglary)
- United States v. Villareal-Amarillas, 562 F.3d 892 (8th Cir. 2009) (preponderance standard for ACCA predicates)