United States v. Wilson, No. 19-3394 (6th Cir. 2020)Annotate this Case
Wilson was arrested after he ran from a routine traffic stop. Police searched the area where Wilson was apprehended and discovered two baggies of cocaine and a loaded handgun. Wilson, with previous convictions for multiple felonies, pleaded guilty to possessing a firearm in violation of 18 U.S.C. 922(g)(1). A typical section 922(g) violation carries a maximum sentence of 10 years, 18 U.S.C 924(a)(2); but the Armed Career Criminal Act (ACCA), imposes a 15-year minimum if the offender has three prior “violent felony” convictions, section 924(e)(1). Wilson objected to an ACCA enhancement, arguing that his prior conviction under Ohio Revised Code 2911.01(A)(3) ((A)(3) Aggravated Robbery was not a violent felony because one could be convicted “even when the victim of the crime suffered little or no actual physical injury.” The court concluded that one of Wilson’s aggravated robbery convictions was not an ACCA violent felony.
The Sixth Circuit vacated the 79-month sentence. The 2019 precedent on which the district court relied did not answer whether (A)(3) Aggravated Robbery is a violent felony. The Sixth Circuit found the statute “twice divisible,” so that a modified categorical approach should be applied, and remanded. The sentencing court should determine what crime, with what elements Wilson was convicted of and determine which predicate “theft offense” formed the basis of Wilson’s (A)(3) Aggravated Robbery conviction.