US v. Goode: Goode pleaded guilty to (among other things) being a felon in possession of a firearm, pursuant to a plea agreement with a broad appeal waiver. The probation officer identified three prior convictions in North Carolina that they argued qualified as “violent felonies,” including 2d-degree murder, triggering the Armed Career Criminal Act. Goode initially objected to the ACCA designation, but later withdrew them. The district court imposed a sentence of 360 months in prison.
On appeal, Goode’s argued that his firearm conviction violated the Second Amendment and that his prior murder conviction was not a violent felony. The Government moved to dismiss the Second Amendment argument under the appeal waiver, but moved for a “summary affirmance” on the ACCA issue, arguing that Goode couldn’t not show plain error. After the motion to dismiss the Second Amendment issue was granted, the Government filed a second motion to dismiss as to the ACCA claim.
The Fourth Circuit affirmed Goode’s sentence. First, it held that the Government had forfeited its right to seek dismissal of the ACCA claim because its response to Goode’s opening brief was to address it on the merits, rather than seeking dismissal. While subsequent Fourth Circuit law made it clear that the waiver would apply in such situations, that argument was there for the Government to make in this case, as well. Second, however, the court concluded that there was no error in the ACCA designation, plain or otherwise. Not only did 2d-degree murder in North Carolina require the use of force (even if by selling someone drugs upon which they overdosed), it required a mens rea more strict that recklessness.
No comments:
Post a Comment