United States v. Davis (2019)

Last updated
United States v. Davis
Seal of the United States Supreme Court.svg
Argued April 17, 2019
Decided June 24, 2019
Full case nameUnited States, Petitioner v. Maurice Lamont Davis and Andre Levon Glover
Citations588 U.S. ___ ( more )
139 S. Ct. 2319; 204 L. Ed. 2d 757
Argument Oral argument
Decision Opinion
Case history
Prior
  • Convictions affirmed, United States v. Davis, 677 F. App'x 933 (5th Cir. 2017);
  • Cert. granted, judgment vacated, Davis v. United States, 138 S. Ct. 1979 (2018);
  • Convictions affirmed on remand, United States v. Davis, 903 F.3d 483 (5th Cir. 2018);
SubsequentOn remand, United States v. Davis, 784 F. App'x 277 (5th Cir. 2019).
Court membership
Chief Justice
John Roberts
Associate Justices
Clarence Thomas  · Ruth Bader Ginsburg
Stephen Breyer  · Samuel Alito
Sonia Sotomayor  · Elena Kagan
Neil Gorsuch  · Brett Kavanaugh
Case opinions
MajorityGorsuch, joined by Ginsburg, Breyer, Sotomayor, Kagan
DissentKavanaugh, joined by Thomas, Alito; Roberts (all but Part II–C)
Laws applied
18 U.S.C.   § 924(c)(3)(B)

United States v. Davis, 588 U.S. ___ (2019), is a United States Supreme Court decision handed down June 24, 2019. [1]

Contents

Background

On November 19, 2015, a jury found defendant Maurice Lamont Davis guilty on six counts, including the illegal use or carrying of a firearm in relation to a crime of violence (a “Hobbs Act robbery”) and the illegal use or carrying of a firearm to aid and abet conspiracy to commit a crime of violence. Also on November 19, 2015, a jury found defendant Andre Levon Glover guilty on seven counts, including the two counts described above.

On appeal, the United States Court of Appeals for the Fifth Circuit issued an opinion on January 31, 2017, denying both defendants’ challenges and affirming the district court’s judgment below. [2] The defendants petitioned the US Supreme Court for certiorari, and following the Court’s decision in Sessions v. Dimaya , [3] the Court remanded their case back to the Fifth Circuit for further consideration in light of that decision. [4] After requesting supplemental briefing from the parties on the effect of Dimaya, the Fifth Circuit affirmed in part and vacated in part. [5] [6]

Judgment

Affirmed in part, vacated in part, and remanded, 5–4, in an opinion by Justice Gorsuch on June 24, 2019. [1] Justice Kavanaugh filed a dissenting opinion, in which Justices Thomas and Alito joined, and in which Chief Justice Roberts joined as to all but Part II–C. [7]

18 U.S.C. § 924(c) contains both an “elements clause” and a “residual clause.” [8] The elements clause defines an offense as a crime of violence if it “has as an element the use, attempted use, or threatened use of physical force against the person or property of another,” and the residual clause defines an offense as a crime of violence if it, “by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.” In Dimaya, the Court addressed (and invalidated) a residual clause identical to the residual clause in § 924(c) but did not address the elements clause. Thus, the Fifth Circuit held the residual clause in 924(c) unconstitutionally vague under Dimaya but did not invalidate the elements clause in that section. As a result of this holding, the Fifth Circuit affirmed its prior judgment as to the Hobbs Act robbery count but vacated as to the aiding and abetting conspiracy count, because the former relies on the elements clause while the latter relies on the residual clause. [6]

Related Research Articles

Taylor v. United States, 495 U.S. 575 (1990), was a U.S. Supreme Court decision that filled in an important gap in the federal criminal law of sentencing. The federal criminal code does not contain a definition of many crimes, including burglary, the crime at issue in this case. Yet sentencing enhancements applicable to federal crimes allow for the enhancement of a defendant's sentence if he has been convicted of prior felonies. The Court addressed in this case how "burglary" should be defined for purposes of such sentencing enhancements when the federal criminal code contained no definition of "burglary." The approach the Court adopted in this case has guided the lower federal courts in interpreting other provisions of the criminal code that also refer to generic crimes not otherwise defined in federal law.

Lopez v. Gonzales, 549 U.S. 47 (2006), held that an "aggravated felony" includes only conduct punishable as a felony under the federal Controlled Substances Act, regardless of whether state law classifies such conduct as a felony or a misdemeanor. Under federal law, there are two main consequences of having a prior conviction for an "aggravated felony." One is that, if the convicted person is an alien, he will be deported. The other is that, with respect to certain federal crimes, a prior conviction for an aggravated felony provides a sentencing enhancement. In this case, Lopez had been convicted of conduct that was a felony under South Dakota law but was a misdemeanor under federal law. Accordingly, the U.S. Supreme Court ruled that this conviction could not serve as a basis for deporting him.

Dixon v. United States, 548 U.S. 1 (2006), was a United States Supreme Court case concerning the level of proof required to establish the affirmative defense of duress in a federal criminal case.

James v. United States, 550 U.S. 192 (2007), is a decision by the Supreme Court of the United States that held that attempted burglary could serve as a predicate felony under the federal Armed Career Criminal Act (ACCA), which provided that a person convicted of being a felon in possession of a firearm with three prior convictions for either serious drug offenses or violent felonies must be sentenced to a mandatory minimum 15-year prison term.

United States v. Felix, 503 U.S. 378 (1992), was a decision by the United States Supreme Court, which held that “a[n]…offense and a conspiracy to commit that offense are not the same offense for double jeopardy purposes.” The Supreme Court rejected the Tenth Circuit's reversal of Felix's conviction, finding that the Court of Appeals read the holding in Grady v. Corbin (1990) too broadly.

Armed Career Criminal Act 1984 United States federal law

The Armed Career Criminal Act of 1984 (ACCA) is a United States federal law that provides sentence enhancements for felons who commit crimes with firearms if they are convicted of certain crimes three or more times.

Dean v. United States, 556 U.S. 568 (2009), was a decision by the United States Supreme Court upholding a 10-year penalty for the discharge of a firearm during the commission of any violent or drug trafficking crime, against a bank robber whose gun went off accidentally.

Giles v. California, 554 U.S. 353 (2008), was a case decided by the Supreme Court of the United States that held that for testimonial statements to be admissible under the forfeiture exception to hearsay, the defendant must have intended to make the witness unavailable for trial.

Abbott v. United States, 562 U.S. 8 (2010), is a decision by the Supreme Court of the United States that addressed the mandatory sentencing increase under federal law for the possession or use of a deadly weapon in drug trafficking and violent crimes. In an 8–0 decision, the Court ruled that 18 U.S.C. § 924(c), which required a minimum five-year prison sentence, was to be imposed in addition to any other mandatory sentence given for another crime, including the underlying drug-related or violent offense. The only exception to the five-year addition applied only when another provision required a longer mandatory term for conduct violating §924(c) specifically, rather than a mandatory sentence for another crime as the defendants had unsuccessfully argued.

United States v. Valenzuela-Bernal, 458 U.S. 858 (1982), is a United States Supreme Court case that determined the constitutionality of deporting aliens who might give testimony in criminal alien smuggling prosecutions. Because deporting alien witnesses might take away a testimony that would be both “material and favorable” to the defendant, it gives rise to a potential motion from the defense to dismiss the indictment under the Compulsory Process Clause of the Sixth Amendment and the Due Process Clause of the Fifth Amendment.

Lopez v. Davis, 531 U.S. 230 (2001), was a United States Supreme Court case decided in 2001. The case concerned the validity of a Bureau of Prisons regulation which lowered prisoners' sentences for completion of a substance abuse program. The statute however restricted this credit to those who did not engage in a felony aided by a firearm. The Court upheld the regulation over the dissent of three Justices.

United States v. Kebodeaux, 570 U.S. 387 (2013), was a recent case in which the Supreme Court of the United States held that the Sex Offender Notification and Registration Act (SORNA) was constitutional under the Necessary and Proper Clause.

Johnson v. United States, 576 U.S. 591 (2015), was a United States Supreme Court case in which the Court ruled the Residual Clause of the Armed Career Criminal Act was unconstitutionally vague and in violation of due process.

Welch v. United States, 578 U.S. 120 (2016), was a United States Supreme Court case in which the Court ruled that the decision in Johnson v. United States announced a substantive rule change and is therefore retroactive.

Beckles v. United States, 580 U.S. ___ (2017), was a case in which the United States Supreme Court evaluated whether the residual clause in the United States Advisory Sentencing Guidelines was unconstitutionally vague.

Sessions v. Dimaya, 584 U.S. ___ (2018), was a United States Supreme Court case in which the Court held that 18 U.S.C. § 16(b), a statute defining certain "aggravated felonies" for immigration purposes, is unconstitutionally vague. The Immigration and Nationality Act (INA) classifies some categories of crimes as "aggravated felonies", and immigrants convicted of those crimes, including those legally present in the United States, are almost certain to be deported. Those categories include "crimes of violence", which are defined by the "elements clause" and the "residual clause". The Court struck down the "residual clause", which classified every felony that, "by its nature, involves a substantial risk" of "physical force against the person or property" as an aggravated felony.

Gamble v. United States, No. 17-646, 587 U.S. ___ (2019), was a United States Supreme Court case about the separate sovereignty exception to the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution, which allows both federal and state prosecution of the same crime as the governments are "separate sovereigns". Terance Martez Gamble was prosecuted under both state and then federal laws for possessing a gun while being a felon. His argument that doing so was double jeopardy was found unpersuasive due to the exception. In June 2019, the Supreme Court affirmed the lower court decision 7–2, with the majority opinion stating that there was not sufficient cause for overturning the dual sovereignty doctrine.

Rehaif v. United States, 588 U.S. ___ (2019), was a case before the United States Supreme Court dealing with mens rea. The Court held that when a person is charged with possessing a gun while prohibited from doing so under 18 U.S.C. § 922(g), the prosecution must prove both that the accused knew that they possessed a gun and that they knew they held the relevant status.

Shular v. United States, 589 U.S. ___ (2020), is an opinion of the United States Supreme Court in which the Court held that, under the Armed Career Criminal Act of 1984, the definition of “serious drug offense” requires only that the state offense involve the conduct specified in the statute. Unlike other provisions of the ACCA, it does not require that state courts develop “generic” version of a crime—describing the elements of the offense as they are commonly understood—and then compare the crime being charged to that "generic" version to determine whether or not they qualify under the ACCA for purposes of penalty enhancement. This decision is notable as one of many examples of Armed Career Criminal Act case law, a federal law whose provisions have resulted in significant numbers of Supreme Court cases since the law was first enacted in 1984.

Carter v. United States, 530 U.S. 255, is a United States Supreme Court case in which the Court held, 5–4, that a defendant charged with robbery under 18 USC § 2113(a) was not entitled to a jury instruction to consider the lesser offense of larceny under 18 USC § 2113(b).

References

  1. 1 2 United States v. Davis, No. 18-431 , 588 U.S. ___(2019).
  2. United States v. Davis, 677F. App'x933 ( 5th Cir. 2017).
  3. Sessions v. Dimaya ,No. 15-1498 , 584 U.S. ___(2018).
  4. Davis v. United States, 138S. Ct.1979 (2018).
  5. United States v. Davis, 903F.3d483 (5th Cir.2018).
  6. 1 2 https://www.oyez.org/cases/2018/18-431
  7. "United States v. Davis".
  8. 18 U.S.C.   § 924(c) .