United States v. Romelus Martin

753 F.3d 485, 2014 WL 2525214, 2014 U.S. App. LEXIS 10469
CourtCourt of Appeals for the Fourth Circuit
DecidedJune 5, 2014
Docket12-5001
StatusPublished
Cited by18 cases

This text of 753 F.3d 485 (United States v. Romelus Martin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Romelus Martin, 753 F.3d 485, 2014 WL 2525214, 2014 U.S. App. LEXIS 10469 (4th Cir. 2014).

Opinions

Vacated and remanded by published opinion. Chief Judge TRAXLER wrote the majority opinion, in which Judge DIAZ [487]*487joined. Judge DIAZ wrote a separate concurring opinion. Judge O’GRADY wrote a dissenting opinion.

TRAXLER, Chief Judge:

Romelus Pentroy Martin appeals the 77-month sentence imposed after he pleaded guilty to unlawful possession of a firearm by a convicted felon. See 18 U.S.C. § 922(g)(1). We agree with Martin that the district court erred by increasing his sentence after determining that Martin’s prior conviction for fourth-degree burglary constituted a crime of violence under U.S.S.G. § 2K2.1(a)(2), and we therefore vacate Martin’s sentence and remand for resentencing.

I.

The Sentencing Guideline applicable to § 922(g) violations sets a base offense level of 24 for defendants who commit the offense after “sustaining at least two felony convictions of ... a crime of violence,” U.S.S.G. § 2K2.1(a)(2), and a base offense level of 20 for defendants with only one prior conviction for a crime of violence, see id. § 2K2.1(a)(4)(A).

When Martin pleaded guilty to the felon-in-possession charge in August 2012, he had three prior convictions, including a 2007 Maryland conviction for conspiracy to commit robbery and a 2009 Maryland conviction for fourth-degree burglary. The district court held that both the 2007 conviction and the 2009 conviction amounted to crimes of violence as defined by the Guidelines, and the court therefore assigned Martin a base-offense level of 24. After adjusting the offense level to reflect Martin’s acceptance of responsibility, the district court determined that Martin’s advisory sentencing range was 77-96 months, and the court sentenced Martin to 77 months’ imprisonment.

On appeal, Martin concedes that his 2007 conviction was properly treated as a crime of violence, but he contends that the district court erred by treating the 2009 conviction as a crime of violence. If the district court had not treated the 2009 conviction as a crime of violence, Martin’s base-offense level would have been 20 instead of 24, and his advisory sentencing range would have been 51-63 months.

II.

For purposes of U.S.S.G. § 2K2.1, a “crime of violence” is defined as

any offense under federal or state law, punishable by imprisonment for a term exceeding one year, that—
(1) has as an element the use, attempted use, or threatened use of physical force against the person of another, or
(2) is burglary of a dwelling, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.

U.S.S.G. § 4B1.2(a); see id § 2K2.1, cmt. 1 (defining “crime of violence” through cross-reference to § 4B1.2(a)). When determining whether a prior conviction qualifies as a crime of violence under the Guidelines, we apply a categorical approach, focusing on “the fact of conviction and the statutory definition of the prior offense” rather than the conduct underlying the offense. Taylor v. United States, 495 U.S. 575, 602, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990); see United States v. Carthorne, 726 F.3d 503, 511 (4th Cir. 2013), cert. denied, — U.S. -, 134 S.Ct. 1326, 188 L.Ed.2d 337 (2014).1

[488]*488Maryland’s fourth-degree burglary statute encompasses four separate crimes: breaking and entering the dwelling of another, see Md.Code Ann., Crim. Law § 6-205(a); breaking and entering the storehouse of another, see id. § 6-205(b); being in a dwelling or storehouse of another (or the yard or other area belonging to such dwelling or storehouse) with the intent to commit theft, see id. § 6-205(c); and possessing burglar’s tools with intent to use, see id. § 6-205(d). Although there was some disagreement below, the parties now agree that the relevant charging documents establish that Martin was convicted of violating subsection (a), which provides that “[a] person may not break and enter the dwelling of another.” Id. § 6-205(a).

Because fourth-degree burglary does not have “as an element the use, attempted use, or threatened use of physical force against the person of another,” it is not a crime of violence under U.S.S.G. § 4B1.2(a)(l).

And as the government concedes, the crime likewise does not constitute the enumerated crime of “burglary of a dwelling.” U.S.S.G. § 4B1.2(a)(2). Under the categorical approach, “a prior conviction constitutes a conviction for [an] enumerated offense if the elements of the prior offense correspond in substance to the elements of [an] enumerated offense.” United States v. Cabrera-Umanzor, 728 F.3d 347, 350 (4th Cir.2013) (internal quotation marks and alteration omitted). “[W]here Congress has not indicated how a prior offense enumerated in a sentencing enhancement statute is to be interpreted, it should be understood to refer to ‘the generic, contemporary meaning’ of the crime.” United States v. Rangel-Castane-da, 709 F.3d 373, 376 (4th Cir.2013) (quoting Taylor, 495 U.S. at 598, 110 S.Ct. 2143).

In Taylor, the Supreme Court defined generic “burglary” under the ACCA as “an unlawful or unprivileged entry into, or remaining in, a building or other structure, with intent to commit a crime.” Taylor, 495 U.S. at 598, 110 S.Ct. 2143. Generic “burglary of a dwelling” under the Guidelines follows the Taylor definition, “with the additional requirement that a burglary qualifying as a ‘crime of violence’ must involve a dwelling.” United States v. Bonilla, 687 F.3d 188, 190 n. 3 (4th Cir.2012), cert. denied, — U.S. -, 134 S.Ct. 52, 187 L.Ed.2d 47 (2013). Because § 6-205(a) does not require that the defendant have the intent to commit a crime when he enters the dwelling, fourth-degree burglary is not generic burglary of a dwelling under § 4B1.2(2). Accordingly, Martin’s 2009 conviction is a crime of violence only if it satisfies the requirements of the “residual clause” of § 4B1.2(a)(2) — if the offense “otherwise involves conduct that presents a serious potential risk of physical injury to another.” U.S.S.G. § 4B1.2(a)(2). We turn to that inquiry now.

III.

When determining whether a prior conviction falls within the residual clause, our inquiry remains a categorical one, “consider[ing] whether the elements of the offense are of the type that would justify its inclusion within the residual provision, without inquiring into the specific conduct of this particular offender.” James v. United States, 550 U.S. 192, 202, 127 S.Ct. 1586, 167 L.Ed.2d 532 (2007). The parties dis[489]*489agree, however, about the precise scope of the residual-clause inquiry.

In James,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Eugenia Chavez v. Pamela Bondi
Fourth Circuit, 2025
United States v. Crews
District of Columbia, 2021
Jose Canales Granados v. Merrick Garland
17 F.4th 475 (Fourth Circuit, 2021)
Bradds & Hill v. Warden Randolph
Court of Special Appeals of Maryland, 2018
United States v. Thompson
874 F.3d 412 (Fourth Circuit, 2017)
Moss v. Warden, USP Hazelton
N.D. West Virginia, 2017
United States v. Omar Vereen
703 F. App'x 171 (Fourth Circuit, 2017)
United States v. Jones
114 F. Supp. 3d 310 (D. South Carolina, 2015)
United States v. Aaron Shell
789 F.3d 335 (Fourth Circuit, 2015)
United States v. Van Mead
Second Circuit, 2014
United States v. Jose Henriquez
757 F.3d 144 (Fourth Circuit, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
753 F.3d 485, 2014 WL 2525214, 2014 U.S. App. LEXIS 10469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-romelus-martin-ca4-2014.