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 to Prepare for a U.S. Immigration Interview with Confidence

May 27, 2025
Prepare for your U.S. immigration interview with confidence! Discover essential tips and strategies to ease your anxiety and ensure you're ready for success.

Why Legal Representation Is Crucial in Real Estate Transactions

May 26, 2025
Ensure a smooth real estate transaction by understanding why legal representation is essential. Discover how a qualified attorney can protect your interests, mitigate risks, and provide peace of mind throughout the process.

What You Need to Know Before Signing a Commercial Lease

May 23, 2025
Before signing a commercial lease, discover the essential factors that can impact your business's success. Learn about lease types, key terms, and negotiation tips to make an informed decision and avoid costly pitfalls.

The Role of Documentation in Homeowners Insurance Disputes

May 22, 2025
Discover how proper documentation can make or break your homeowners insurance claim in disputes. Learn essential tips to organize your records and improve your chances of a successful resolution.

Slip and Fall Accidents: When Are Property Owners Liable?

May 21, 2025
Discover the crucial factors that determine property owner liability in slip and fall accidents and learn how to seek the compensation you deserve. Don't let your injuries go unaddressed—understand your rights today!

Maximizing Compensation in Personal Injury Cases: A Step-by-Step Guide

May 20, 2025
Unlock the secrets to maximizing your compensation in personal injury cases with our comprehensive step-by-step guide. From seeking medical attention to negotiating with insurance companies, learn how to navigate the complexities of your claim and secure the compensation you deserve.

When to Litigate vs. Settle in a Contract Dispute

May 19, 2025
Discover the key factors to consider when deciding whether to litigate or settle a contract dispute, and learn how each option can impact your case's outcome and your satisfaction with the resolution. Make informed choices for a smoother path to resolution!

Navigating Immigration Detention: Know Your Rights

May 16, 2025
Empower yourself during immigration detention by understanding your rights. This essential guide provides crucial information to help you navigate the system and advocate for yourself effectively.

Common Mistakes to Avoid After a Personal Injury Incident

May 15, 2025
Avoid critical mistakes after a personal injury incident that could jeopardize your recovery and legal claims. Discover essential tips to protect your rights and ensure a successful outcome.

Understanding Bad Faith Insurance Practices in Florida

May 14, 2025
Protect your rights as a Florida resident by understanding bad faith insurance practices. Learn how to identify unethical behaviors from insurers and what steps to take if you find yourself a victim.
Show More