United States v. Ball

Ball pleaded guilty to being a felon in possession of a firearm, 18 U.S.C. 922(g)(1). The district court enhanced his sentence under the Armed Career Criminal Act based on three Kentucky state convictions: 1st degree trafficking in a controlled substance; 1st degree fleeing or evading police in Boyle County; and 1st degree fleeing or evading police in Mercer County. His sentencing range under the Guidelines was 188-235 months; the court sentenced him to 211 months. Ball argued that his Mercer County conviction did not qualify as a crime of violence under the ACCA. The Sixth Circuit affirmed. Violation of Kentucky’s vehicle flight statute qualifies as a violent felony under the ACCA, regardless of whether the violation entailed the additional element of causing or creating a substantial risk of serious physical injury or death. Even vehicle flight “simpliciter” presents a risk similar in degree and kind to both burglary and arson. Even were this not the case, Ball’s indictment makes clear that he pleaded guilty to a crime that not only carried a potential risk similar in magnitude to the ACCA’s enumerated crimes, he actually created a “substantial”—or ample, considerable, and true—risk of serious injury or death to others. View "United States v. Ball" on Justia Law