United States v. Fallins

Fallins pleaded guilty to possession of a firearm by a felon, 18 U.S.C. 922(g)(1). He had prior Tennessee convictions for robbery; attempted aggravated arson; and possession of crack cocaine for resale. The presentence report concluded that Fallins qualified for an enhanced sentence under the Armed Career Criminal Act, 18 U.S.C. 924(e) and calculated a guidelines range of 180 to 210 months. Fallins objected to the enhancement and moved for downward departure or variance. Because “arson” is an “enumerated” ACCA offense and “attempted aggravated arson” is not, Fallins asserted that his conviction was not a qualifying residual clause offense and was not a “violent felony” because it did not present “a serious potential risk of physical injury to another.” Fallins argued that the court could not rely on the government’s proffered factual basis in the plea transcript for that conviction because Fallins did not assent to it. The court agreed that it could not rely upon those facts, but found that attempted aggravated arson was a residual clause “violent felony” and that crack-cocaine and robbery convictions qualified as predicate offenses, and sentenced him to 195 months of incarceration. The Sixth Circuit affirmed, rejecting an argument that the residual clause is unconstitutionally vague. View "United States v. Fallins" on Justia Law