United States v. Belcher, No. 21-5414 (6th Cir. 2022)
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In its 2014 “Mitchell” decision, the Sixth Circuit held that robbery, as defined under Tennessee law, is a “violent felony” under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(2)(B). Based on that holding, the district court sentenced Belcher to a 15-year mandatory-minimum sentence under ACCA after he pled guilty to being a felon in possession of a firearm.
The Sixth Circuit rejected Belcher’s arguments that the Supreme Court’s 2015 “Elonis” and 2021 “Borden” decisions undermine Mitchell. Those decisions clarified that ACCA’s definition of violent felony excludes offenses where the defendant’s use or threatened use of force can be reckless or negligent (as opposed to intentional). Tennessee defines robbery as “the intentional or knowing theft of property from the person of another by violence or putting the person in fear.” The court rejected Belcher’s argument that Tennessee precedent leaves room for cases where the defendant did not intend to cause fear, but where the victim actually did experience (or reasonably could have experienced) fear nonetheless; no Tennessee court has construed the fear element that way. The court also rejected Belcher’s argument that a jury, rather than the court, must determine whether a defendant’s prior offenses were “committed on occasions different from one another” for purposes of ACCA. Three of his prior offenses each came at least six years apart.
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