Recent 4th Circuit Immigration/Crimigration Precedent: United States v. Redd, No. 20-6957 (4th Cir. Oct. 19, 2023)

G arfield Redd was convicted of being a felon in possession of a firearm. At sentencing, the district court applied an enhancement under the Armed Career Criminal Act (ACCA), which resulted in a 240-month prison term, based on Redd's previous convictions for serious drug offenses and violent felonies.
Following the Supreme Court's decision in Johnson v. United States, which invalidated a portion of the ACCA, Redd filed a motion to vacate his sentence under Section 2255, arguing that his previous Maryland first-degree assault convictions should not count as "violent felonies" under ACCA. The district court denied his motion, and Redd appealed.

The Fourth Circuit Court of Appeals held that Maryland first-degree assault is not a "violent felony" under the ACCA because it can be committed with a mens rea of recklessness, which is not sufficient under the ACCA's force clause. Therefore, the court reversed the district court's decision, vacated Redd's ACCA sentence, and remanded for further proceedings.

Holding:

Maryland first-degree assault does not qualify as a "violent felony" under the ACCA because it can be committed with a mens rea of recklessness, and therefore, Redd's sentence under ACCA was improper.

Cases and Statutes Relied Upon:

  • Johnson v. United States, 576 U.S. 591 (2015): This Supreme Court case held that the "residual clause" of the ACCA was unconstitutionally vague.
  • 18 U.S.C. § 922(g)(1): Federal statute criminalizing possession of a firearm by a felon.
  • 18 U.S.C. § 924(e) (Armed Career Criminal Act): The statute providing sentence enhancements for repeat offenders with convictions for serious drug offenses or violent felonies.
  • 28 U.S.C. § 2255: Allows federal prisoners to challenge their sentence based on constitutional violations.
  • United States v. Swaby, 855 F.3d 233: This case clarified that being under supervised release satisfies the "custody" requirement of § 2255.
  • United States v. Ketter, 908 F.3d 61: Confirmed that a defendant's appeal is not moot simply because they are no longer imprisoned.

Legal Implications:

The court's decision means that if a state crime can be committed by mere recklessness, it does not meet the definition of a "violent felony" under the ACCA, which requires a higher mens rea of intentional or purposeful violent conduct. This distinction is critical for defendants like Redd, who face significant sentence enhancements based on prior convictions. This ruling could potentially affect the sentences of other individuals with similar backgrounds and lead to reevaluations of cases where the ACCA enhancement was applied based on convictions for crimes that could be committed recklessly.

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