Case Information
*1 Before LOKEN, BEAM, and SHEPHERD, Circuit Judges.
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SHEPHERD, Circuit Judge.
This appeal concerns whether a conviction by court-martial may qualify as a serious violent felony under 18 U.S.C. § 3559(c), the federal three strikes law. The District Court sentenced Richard Shaffer to life in prison under § 3559(c) based on a prior court-martial conviction. Shaffer now appeals. We affirm.
I.
On February 10, 2014, Shaffer pled guilty to one count of bank robbery in violation of 18 U.S.C. § 2113(a). Shaffer had approached a bank teller and handed her a note stating, “Be Quiet (GUN) Gimmie the money in the drawer and the replenishment drawer 100, 50, 20 10, 5, Now Be Quiet!” The teller gave Shaffer $3,710. Shaffer was arrested the following day. The robbery carried a statutory maximum sentence of 20 years.
The government sought enhancement to a sentence of life in рrison under 18 U.S.C. § 3559(c). Section 3559(c) provides:
Notwithstanding any other provision of law, a person who is convicted in a court of the United States of a serious violent felony shall be sentenced to life imprisonment if . . . the person has been cоnvicted (and those convictions have become final) on separate prior occasions in a court of the United States or of a State of . . . 2 or more serious violent felonies.
In 1979, Shaffer was convicted in a United States Army Gеneral court-martial for the unpremeditated murder of a fellow soldier. He was sentenced to 25 years confinement at hard labor and served 18 years. In 2004, Shaffer was convicted in the United States District Court for the District of Nebraska for six consolidated bank robberies. Neither party disputes that both crimes qualify as “serious violent felonies.” § 3559(c)(2)(F). The district court found that a general court-martial *3 qualifies as a court of the United States, thus Shaffer was sentenced to a mandatory lifе sentence under § 3559(c). Shaffer’s only argument on appeal is that his 1979 conviction by court-martial is not a conviction “in a court of the United States or of a State” under § 3559(c) and cannot serve as a predicate offense.
II.
“[A] court of the United States” is not defined within § 3559. If the court-
martial qualifies as a “court of the United States,” Shaffer must receive a life
sentence. If it does not, he does not have two qualifying predicate offenses, and
Shaffer will be subject to a 20-year statutory maximum sentence instead. This court
reviews the district court’s interpretation of a statute
de novo
. United States v.
Williams,
A.
Shaffer argues that “a court of the United States” is a term of art meaning an Article III court. As such, Shaffer states that this court should not resort to the fаmiliar rules of statutory interpretation, and instead should hold that a court-martial does not constitute “a court of the United States” as a matter of law.
A term of art is a phrase with an established common law meaning. United
States v. Turley,
Shaffer points to Justice O’Connor’s dissent in Southland Corp. v. Keating for
support, wherein Justice O’Connor refers to “courts of the United States” as a term
of art and states that it unmistakably excludes state courts.
Absеnt the application of a term of art, this court looks to “plain language, and
give[s] words their ordinary, contemporary, common meaning.” Hennepin Cnty. v.
Fed. Nat’l Mortg. Ass’n,
Elsewhere in Title 18, “a court of the United States” is defined exрansively.
See 18 U.S.C. §§ 23, 6001(4). Section 6001(4)’s expansive definition discredits Appellant’s argument that “a court of the United States” must be limited to only Article III courts. In section 6001(4), “a court of the United States” is defined to include “a United States bankruptcy court established under chapter 6, title 28, United States Code, the District of Columbia Court of Appeals, the Superior Court of the District of Columbia, the District Court of Guam, the District Court of the Virgin Islands, the United States Court of Federal Claims, the Tax Court of the United States, the Cоurt of International Trade, and the Court of Appeals for the Armed Forces,” among others.
Further, courts-martial fit within the plain meaning of “a court of the United
States.” A court-martial is a court. Anderson v. Crawford,
B. Moreover, inclusion of courts-martial within “a court of the United Statеs” is consistent with the purpose of § 3559(c), which is to enhance the sentences of individuals who have committed three “serious violent felonies.” The statute [5] illustrates its comprehensive intent by including convictions in state courts as well as “court[s] оf the United States.” Were the court to find that courts-martial were not included, Shaffer would be put in a unique position where because he committed unpremeditated murder while in the military, he is subject to a shorter sentence for a subsequent offence than a similar individual who instead had been prosecuted in a *7 state or federal court. Thus, unless there is reason that Congress would have intended to exclude those convicted by courts-martial from § 3559, including convictions by courts-martial best serves the purpose of § 3559.
Courts’ analyses of courts-martial’s inclusion in the Armed Career Criminal
Act (ACCA) are instructive. Three federal appeals courts have addressed the
question of whether “any court” in 18 U.S.C. §§ 924(e)(1) and 922 of the ACCA
includes cоurts-martial; all have concluded “yes.” United States v. Grant, 753 F.3d
480, 485 (4th Cir. 2014) (finding that differences between courts-martial and civilian
courts did not compare to the severe differences between civilian courts and certain
foreign courts discussed in Small v. United States,
Much like the ACCA’s phrase, “any court,” the purpose of § 3559, plain language of § 3559, and broad definitions of “a court of the United States” throughout Title 18 indicate that Congress intended “a court of the United States” to have an expansive definition which includes courts-martial.
III. Accordingly, we hold that Shaffer’s conviction by general court-martial is a conviction in “a court of the Unitеd States” within 18 U.S.C. § 3559(c). Shaffer is subject to a mandatory life sentence under 18 U.S.C. § 3559(c).
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Notes
[1] The Honorable Mark W. Bennett, United States District Judge for the Northern District of Iowa.
[2] 18 U.S.C. § 23 (“As used in this title, except where otherwise expressly provided the term ‘court of the United Stаtes’ includes the District Court of Guam, the District Court for the Northern Mariana Islands, and the District Court of the Virgin Islands”); 18 U.S.C. § 6001(4) (“‘Court of the United States,’ means any of the following courts: the Supreme Court of the United States, a United States court of appeals, a Unitеd States district court established under chapter 5, title 28, United States Code, a United States bankruptcy court established under chapter 6, title 28, United States Code, the District of Columbia Court of Appeals, the Superior Court of the District of Columbia, the District Court of Guam, the District Court of the Virgin Islands, the United States Court of Federal Claims, the Tax Court of the United States, the Court of International Trade, and the Court of Appeals for the Armed Forces”); 18 U.S.C. § 3662 (distinguishing between “a court of the United States” and a court of the District of Columbia or United States territory by including convictions in “a court of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States . . . .”).
[3] 10 U.S.C. § 1558 states that “[a] court of the United Statеs may review a determination by the Secretary of a military department . . . .” However, this court’s determination that “a court of the United States,” includes courts-martial is limited to within the context of § 3559(c).
[4] 28 U.S.C. § 451 states that “[t]he term ‘court of the United States’ inсludes the Supreme Court of the United States, courts of appeal, district courts constituted by chapter 5 of this title, including the Court of International Trade and any court created by Act of Congress the judges of which are entitled to hold office during good behavior.” No such limitation exists § 3559(c). This would suggest that § 3559(c) does not similarly exclude courts where judges do not serve during good behavior. Without such a limitation, a “a court of the United States” would most naturally be read to include courts-martial.
[5] The purpose of § 3559(c) is evidenced by its text. See, e.g., AT&T Mobility
LLC v. Concepcion,
[6] No sufficient reason exists to exclude courts-martial from “a court of the United States.” Shaffer relies heavily on the differences between military and civilian courts, pointing out that courts-martial are not Article III courts. While this is true, it does not establish how inclusion of courts-martial would be adverse to § 3559’s purpose or support the notion that “a court of the United States” only includes Article III courts. Shaffer fails, too, to identify differences in procedure or rights afforded that adequately support exclusion.
[7] United States v. Stuckey, which Shaffer cites, is inapposite.