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April 3, 2006

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States
 

TOPICS:
- Classification as an armed career criminal
 

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USA v. Beasley (April 3, 2006) (Appeal from W.D. Tennessee)
-  http://www.ca6.uscourts.gov/opinions.pdf/06a0116p-06.pdf
-  Defendant/Appellant Carson Beasley was charged in a single-count indictment with being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). He pled guilty to this offense, and was sentenced to 188 months of imprisonment as an armed career criminal with three prior violent felony convictions. See 18 U.S.C. § 924(e)(1); U.S. Sentencing Guidelines § 4B1.4. One of these three prior convictions, as identified in Defendant's presentence report, was derived from a state court judgment that listed the offense of conviction as "CA:M2." The presentence report stated, and the district court agreed, that this judgment reflected a conviction for the state-law offense of criminal attempt, second degree murder. Defendant now challenges his sentence on three grounds. First, he argues that the district court invaded the province of the jury, and thus violated the Sixth Amendment guarantee of trial by jury, by determining the facts necessary to trigger a sentencing enhancement for "armed career criminal" status. Defendant further contends that the means employed by the district court to construe his state-court "CA:M2" conviction impermissibly deviated from the so-called "categorical approach" mandated by the Supreme Court in Taylor v. United States, 495 U.S. 575, 110 S. Ct. 2143 (1990), and Shepard v. United States, 544 U.S. 13, 125 S. Ct. 1254 (2005). Finally, Defendant asserts that he is entitled to resentencing under the rule announced in United States v. Booker, 543 U.S. 220, 125 S. Ct. 738 (2005), and under this circuit's post-Booker decisions. We reject Defendant's challenges to his classification as an armed career criminal, but agree that this case must be remanded for resentencing under the advisory regime that governs federal sentencing in the wake of Booker.
 

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