Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Higdon v. United States

United States Court of Appeals, Sixth Circuit

February 13, 2018

Daryl Lynn Higdon, Petitioner-Appellant,
v.
United States of America, Respondent-Appellee.

          Argued: December 7, 2017

         Appeal from the United States District Court for the Eastern District of Tennessee at Greeneville. Nos. 2:12-cr-00104-1; 2:16-cv-00246-Robert Leon Jordan, District Judge.

         COUNSEL ARGUED:

          Jennifer Niles Coffin, FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Knoxville, Tennessee, for Appellant.

          Luke A. McLaurin, UNITED STATES ATTORNEY'S OFFICE, Knoxville, Tennessee, for Appellee.

         ON BRIEF:

          Rosana E. Brown, FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Knoxville, Tennessee, for Appellant.

          Luke A. McLaurin, UNITED STATES ATTORNEY'S OFFICE, Knoxville, Tennessee, for Appellee.

          Before: GRIFFIN, KETHLEDGE, and BUSH, Circuit Judges.

          OPINION

          KETHLEDGE, Circuit Judge.

         Daryl Higdon was sentenced as an armed career criminal based in part on a North Carolina conviction for discharging a firearm into an occupied structure. The question here is whether that offense-which requires an application of force to an occupied structure, but not to the occupants themselves-nonetheless counts as an offense that involves the use "of physical force against the person of another." 18 U.S.C. § 924(e)(2)(B)(i). We hold it does not and reverse the district court's decision to the contrary.

         Higdon pled guilty in 2012 to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). The district court determined that Higdon was subject to a 15-year mandatory-minimum sentence under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(1), based in part on Higdon's 1984 conviction for discharging a firearm into an occupied structure in violation of N.C. Gen. Stat. § 14-34.1 (1981). The court thus sentenced Higdon to 15 years' imprisonment. Higdon did not appeal. About two years later, however, the Supreme Court invalidated the so-called residual clause of the ACCA. See Johnson v. United States, 135 S.Ct. 2551 (2015). Higdon then moved to set aside his sentence under 28 U.S.C. § 2255, arguing that the North Carolina offense for which he was convicted was not a "violent felony" under the remaining provisions of the ACCA. The district court denied the motion, holding that the North Carolina offense did "involve the use of force against the person of another[.]" Op. at 6. We review that decision de novo. Braden v. United States, 817 F.3d 926, 929-30 (6th Cir. 2016).

         An offense counts as a "violent felony" under the ACCA if (among other things) it "has as an element the use, attempted use, or threatened use of physical force against the person of another[.]" 18 U.S.C. § 924(e)(2)(B)(i). Here, the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.