Recent 4th Circuit Immigration/Crimigration Precedent: United States v. Redd, No. 20-6957 (4th Cir. Oct. 19, 2023)

G arfield Redd was convicted of being a felon in possession of a firearm. At sentencing, the district court applied an enhancement under the Armed Career Criminal Act (ACCA), which resulted in a 240-month prison term, based on Redd's previous convictions for serious drug offenses and violent felonies.
Following the Supreme Court's decision in Johnson v. United States, which invalidated a portion of the ACCA, Redd filed a motion to vacate his sentence under Section 2255, arguing that his previous Maryland first-degree assault convictions should not count as "violent felonies" under ACCA. The district court denied his motion, and Redd appealed.

The Fourth Circuit Court of Appeals held that Maryland first-degree assault is not a "violent felony" under the ACCA because it can be committed with a mens rea of recklessness, which is not sufficient under the ACCA's force clause. Therefore, the court reversed the district court's decision, vacated Redd's ACCA sentence, and remanded for further proceedings.

Holding:

Maryland first-degree assault does not qualify as a "violent felony" under the ACCA because it can be committed with a mens rea of recklessness, and therefore, Redd's sentence under ACCA was improper.

Cases and Statutes Relied Upon:

  • Johnson v. United States, 576 U.S. 591 (2015): This Supreme Court case held that the "residual clause" of the ACCA was unconstitutionally vague.
  • 18 U.S.C. § 922(g)(1): Federal statute criminalizing possession of a firearm by a felon.
  • 18 U.S.C. § 924(e) (Armed Career Criminal Act): The statute providing sentence enhancements for repeat offenders with convictions for serious drug offenses or violent felonies.
  • 28 U.S.C. § 2255: Allows federal prisoners to challenge their sentence based on constitutional violations.
  • United States v. Swaby, 855 F.3d 233: This case clarified that being under supervised release satisfies the "custody" requirement of § 2255.
  • United States v. Ketter, 908 F.3d 61: Confirmed that a defendant's appeal is not moot simply because they are no longer imprisoned.

Legal Implications:

The court's decision means that if a state crime can be committed by mere recklessness, it does not meet the definition of a "violent felony" under the ACCA, which requires a higher mens rea of intentional or purposeful violent conduct. This distinction is critical for defendants like Redd, who face significant sentence enhancements based on prior convictions. This ruling could potentially affect the sentences of other individuals with similar backgrounds and lead to reevaluations of cases where the ACCA enhancement was applied based on convictions for crimes that could be committed recklessly.

< Older Post Newer Post >

How Legal Representation Can Help Maximize Your Insurance Claim

By nasser • August 1, 2025
Maximize your insurance claim with expert legal representation! Discover how an attorney can simplify the claims process, advocate for your rights, and help you secure the compensation you deserve.

Understanding Your Rights as a Victim in a Personal Injury Case

By nasser • July 31, 2025
Empower yourself by understanding your rights as a victim in a personal injury case. This comprehensive guide will help you navigate the legal landscape and ensure you receive the compensation you deserve after an accident or injury.

How Negligent Security Can Lead to Personal Injury Liability

By nasser • July 30, 2025
Discover how negligent security can expose property owners to personal injury liability and learn essential steps to protect yourself and your rights. This blog post breaks down the legal implications and preventive measures to ensure safety for all.

How to Strengthen Your Case in a Premises Liability Claim

By nasser • July 29, 2025
Learn how to effectively strengthen your premises liability claim with essential strategies and expert tips to improve your chances of a successful outcome. Don't navigate the complexities of your case alone—discover the steps you need to take today!

What to Do After a Slip and Fall Injury on Someone Else’s Property

By nasser • July 28, 2025
Learn the essential steps to take after a slip and fall injury on someone else's property, from seeking medical attention to understanding your legal rights, ensuring you protect yourself and navigate the recovery process effectively.

Understanding the Legal Process for Wrongful Death Claims

By nasser • July 25, 2025
Navigate the complex legal process of wrongful death claims with confidence. This guide provides essential steps and insights to help you seek justice and compensation for your loss.

A Guide to Navigating Homeowners Insurance Claims After Storm Damage

By nasser • July 24, 2025
Learn how to navigate homeowners insurance claims after storm damage with our comprehensive guide, ensuring you get the compensation you deserve while minimizing stress. Discover essential steps, from understanding your policy to documenting damage and working with adjusters.

When to Call a Lawyer After a Boating Accident in Florida

By nasser • July 23, 2025
Discover when to call a lawyer after a boating accident in Florida to protect your rights and secure the compensation you deserve. This essential guide will help you navigate the complexities of legal action following a boating incident.

The Importance of Timely Legal Action in Personal Injury Cases

By nasser • July 22, 2025
Acting quickly in personal injury cases is crucial for preserving evidence and ensuring your legal rights are protected. Don't risk losing your chance for compensation—learn why timely legal action matters!

Understanding Your Rights After a Car Accident in Florida

By nasser • July 21, 2025
Learn your rights after a car accident in Florida to ensure you receive the compensation you deserve. This essential guide covers immediate steps to take, your rights as an accident victim, and how to navigate the insurance claim process.
Show More