United States v. William R. Stephens

237 F.3d 1031, 2001 Daily Journal DAR 538, 2001 U.S. App. LEXIS 537, 2000 WL 1946727
CourtCourt of Appeals for the Ninth Circuit
DecidedJanuary 16, 2001
Docket99-30228
StatusPublished
Cited by23 cases

This text of 237 F.3d 1031 (United States v. William R. Stephens) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth 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. William R. Stephens, 237 F.3d 1031, 2001 Daily Journal DAR 538, 2001 U.S. App. LEXIS 537, 2000 WL 1946727 (9th Cir. 2001).

Opinions

Opinion by Judge D.W. NELSON; Dissent by Judge REINHARDT.

D.W. NELSON, Circuit Judge:

William R. Stephens appeals a 180-month sentence for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Although the penalty for this offense normally does not exceed 10 years, see 18 U.S.C. § 924(a)(2), the Armed Career Criminal Act (“ACCA”) mandates a minimum sentence of 15 years for people with three previous convictions for “a violent felony or a serious drug offense, or both,” 18 U.S.C. § 924(e). Stephens was convicted twice on state burglary charges and once for carrying a gun in connection with a drug trafficking offense in violation of 18 U.S.C. § 924(c). Because all three prior offenses are “violent felonies” within the meaning of the ACCA, we affirm the district court’s enhanced sentence.

FACTUAL BACKGROUND

On November 8, 1998, Stephens was arrested in the parking lot of an Anchorage nightclub after showing a security guard a semiautomatic pistol. Police found the weapon, which was loaded, in Stephens’s waistband. Stephens was charged with being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1).

On June 8, 1999, Stephens pleaded guilty and was sentenced to 180 months in prison. The enhanced sentence was predi[1033]*1033cated on three prior felony convictions. On October 12, 1989, he was convicted twice in state court for burglary after entering pleas of nolo contendere. In the first case, he was convicted of “Burglary II” based on an indictment charging that, on or about October 5, 1988, he “did enter or remain unlawfully in a building, Beavers Sports, 3480 College Road, Fairbanks, with intent to commit the crime of theft in the building.” In the second case, a separate indictment charged that, on or about February 11,1989, he “did enter or remain unlawfully in a building, the dwelling of William Leffel, 16(B) Farewell, with intent to commit the crime of assault in the dwelling” and that Stephens “did enter or remain unlawfully in a building, the dwelling of Adam Fowler, 196 7th Avenue, with intent to commit the crime of assault in the dwelling.” On May 17, 1994, Stephens pleaded guilty to “use of a firearm in relation to drug trafficking” in violation of 18 U.S.C. § 924(c).

Stephens timely appeals his sentence.

STANDARD OF REVIEW

This court reviews questions of law de novo. United States v. Hunter, 101 F.3d 82, 84 (9th Cir.1996). The proper interpretation of a statute is a question of law; therefore, this court reviews de novo the district court’s conclusions about what constitutes a violent felony under 18 U.S.C. § 924(e). United States v. Potter, 895 F.2d 1231, 1235 (9th Cir.1990). In determining whether a prior offense is a violent felony for sentencing enhancement purposes, courts take a “categorical approach” by “look[ing] only to the fact of conviction and the statutory definition of the prior offense.” Taylor v. United States, 495 U.S. 575, 602, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). Because burglary statutes vary greatly from state to state, courts recognize an exception to the categorical approach and will look to the indictment or information and jury instructions to determine if the jury “was actually required to find all the elements of generic burglary.” Id.

18 U.S.C. § 9U(e) MEETS THE ACCA’S DEFINITION OF “VIOLENT FELONY”

The ACCA provides a 15-year minimum sentence for a violation of 18 U.S.C. § 922(g) where the defendant has three prior convictions for “a violent felony or a serious drug offense.” 18 U.S.C. § 924(e)(1). The statute defines “violent felony” to include “burglary” and any crime that “otherwise involves conduct that presents a serious potential risk of physical injury to another.” 18 U.S.C. § 924(e)(2)(B)(ii).

Stephens’s prior conviction for carrying a gun in connection with a drug trafficking offense falls within the ACCA’s definition of “violent felony.” “[T]he danger of violence inheres in the combination of firearms and drugs.... ” Warren v. Crab-tree, 185 F.3d 1018, 1021 n. 6 (9th Cir. 1999) (holding that the Bureau of Prisons was entitled to deference for the reasonable conclusion that someone convicted of violating § 924(c) was not entitled to a sentence reduction reserved for people convicted of a “nonviolent offense”). Congress enacted the current version of 18 U.S.C. § 924(c)(1) in reaction to a shocking correlation between drugs and violence. See Smith v. United States, 508 U.S. 223, 240, 113 S.Ct. 2050, 124 L.Ed.2d 138 (1993) (“In 1989, 56 percent of all murders in New York City were drug related; during the same period, the figure for the Nation’s Capital was as high as 80 percent.”); see also Musearello v. United States, 524 U.S. 125, 132, 118 S.Ct. 1911, 141 L.Ed.2d 111 (1998). Carrying a weapon during a drug offense “creates a grave possibility of violence and death,” Smith, 508 U.S. at 240, 113 S.Ct. 2050, more than justifying the district court’s inclusion of Stephens’s conviction for violation of 18 U.S.C. § 924(c)(1) as a predicate offense for the sentence enhancement.

Stephens argues that a conviction under 18 U.S.C. § 924(c)(1) should not count as a predicate offense under the ACCA because a conviction for being a felon in possession [1034]*1034of a firearm, in violation of 18 U.S.C. § 922(g)(1), does not. See U.S.S.G. § 4B1.2 emt. n. 1 (1998) (“ ‘Crime of violence’ does not include the offense of unlawful possession of a firearm by a felon.”); United States v. Canon,

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

Related

United States v. Mayer
162 F. Supp. 3d 1080 (D. Oregon, 2016)
United States v. Donald Boman
810 F.3d 534 (Eighth Circuit, 2016)
United States v. Snyder
643 F.3d 694 (Ninth Circuit, 2011)
United States v. Nye
291 F. App'x 77 (Ninth Circuit, 2008)
United States v. Smith
Ninth Circuit, 2005
United States v. Timothy Dean Smith
390 F.3d 661 (Ninth Circuit, 2004)
United States v. Taylor
59 F. App'x 960 (Ninth Circuit, 2003)
United States v. Angulo-Lopez
55 F. App'x 863 (Ninth Circuit, 2003)
Sarei v. Rio Tinto PLC.
221 F. Supp. 2d 1116 (C.D. California, 2002)
United States v. Ronnie Joseph Brickey
289 F.3d 1144 (Ninth Circuit, 2002)
Alvarez-Machain v. United States
266 F.3d 1045 (Ninth Circuit, 2001)
United States v. Brandon
Fourth Circuit, 2001
United States v. William R. Stephens
237 F.3d 1031 (Ninth Circuit, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
237 F.3d 1031, 2001 Daily Journal DAR 538, 2001 U.S. App. LEXIS 537, 2000 WL 1946727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-william-r-stephens-ca9-2001.