Tennessee
drug convictions were not “serious drug offenses” for purposes of the Armed
Career Criminal Act (ACCA)
In United States v. Rockymore, the defendant, Dewayne Rockymore, pleaded guilty to being a
felon in possession of a firearm and ammunition. Based on prior convictions for
burglary and “three delivery-of-cocaine charges,” the government contended that
Mr. Rockymore’s sentence should be enhanced under the ACCA, which requires that
an offender have at least three prior convictions “for a violent felony or a
serious drug offense, or both.” 18 U.S.C. § 924(e)(1). Mr. Rockymore conceded
that his burglary conviction was a “violent felony” and one of his delivery-of-cocaine
charges qualified as a “serious drug offense,” but he argued that the other two
delivery-of-cocaine convictions did not meet the definition of a “serious drug
offense.” The district court agreed and the government appealed. The Sixth Circuit
affirmed the district court’s ruling.
Since
the ACCA defines a “serious drug offense” as any controlled substance
conviction for which the “maximum term of imprisonment” is ten or more years, the
Sixth Circuit looked to Tennessee law to determine the statutory maximum. That
required consideration of two sentencing statutes which “work in concert.” The
first is what the Sixth Circuit called “the felony-based statute” which
classifies felonies and their authorized sentences. Delivery-of-cocaine is a
Class C felony which is punishable by a minimum sentence of three years and a
maximum sentence of fifteen years.
The
second statute is described as “the range based statute” which uses the offender’s
criminal history to narrow the sentencing range. For example, an offender with
no criminal record is classified as “Range 1” and if he or she were to commit a
Class C felony the sentencing range would be three-to-six years imprisonment. The
Sixth Circuit noted that unlike the federal sentencing guidelines, the “specific
ranges are mandatory” under Tennessee law.
To
decide whether the delivery-of-cocaine convictions were “serious drug offenses”
under the ACCA, a federal court must consider the felony-based statute and the
range-based statute to determine the “maximum term of imprisonment.” The district
court did so and concluded that the two delivery-of-cocaine convictions were
not ACCA predicates because Mr. Rockymore was a Range 1 offender convicted of
two Class C felonies and was subject to a six-year maximum sentence for each.
On
appeal, the government cited Tennessee Supreme Court cases to support its
argument that the district court should only have considered the felony-based
statute which set out the “maximum term of imprisonment.” The Sixth Circuit found
those cases inapposite because they either dealt with the limited power of
state courts to review sentences in post-conviction or habeas corpus proceedings
or they showed that a defendant could agree in a plea bargain to “a sentence
beyond the maximum range.” There is, however, a caveat for a defendant who is
in the latter situation.
In
footnote 1 of its opinion, the Sixth Circuit pointed out that Tennessee defendants
can agree “to accept a higher sentence than that imposed by the range-based
statute so long as it falls within the broader felony-based statute’s
authorized sentences.” But, “a defendant like Rockymore is not subject to the
broader penalty unless he agrees to a plea-bargained sentence (which waives any
objection to his offender classification).” A defendant who agrees in a plea
bargain to a higher sentence “would be subject to the ACCA’s enhancement under
the broader felony-based statute. But for defendants like Rockymore, the
range-based statute provides their maximum sentence.”
The
Sixth Circuit further noted that the government’s interpretation of Tennessee
law would make its “statutory scheme ambiguous at best” and the rule of lenity requires
that when there are “two equally-persuasive interpretations” of a criminal
statute it must be construed in the defendant’s favor.
The
Sixth Circuit concluded that Mr. Rockymore’s delivery-of-cocaine- convictions were
not “serious drug offenses” under the ACCA because the “maximum term of
imprisonment” for each was six years. He therefore did not qualify for an ACCA sentence
enhancement.
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