UNITED STATES OF AMERICA v. COREY FLEAMON TOWNSEND
US Court of Appeals for the Fourth Circuit, Shedd, March 30, 2018,
ACCA – North Carolina crime of Assault with a Deadly Weapon With Intent to Kill is a violent felony under the force clause of the Armed Career Criminal Act (ACCA)
AWDWIKISI should never be shorthand for anything. Ever.
Facts:
In 2010, Townsend was indicted and pled guilty in federal court to possession of a firearm by a felon. Townsend had three prior felonies: (1) a 1998 conviction for robbery with a firearm; (2) 1998 convictions for
assault with a deadly weapon with intent to kill inflicting serious injury (“AWDWIKISI”) and assault with a deadly weapon inflicting serious injury (“AWDWISI”); and (3) 1989 convictions for breaking and entering, breaking and entering of a motor vehicle, larceny, possession of burglary tools, and possession of stolen goods.
Townsend was sentenced under the Armed Career Criminal Act (ACCA) to 255 months.
Townsend later challenged his sentence, arguing that his NC convictions for AWDWIKISI and AWDWISI were not “violent crimes” under the ACCA.
Held: The Supreme Court’s decision that the “residual clause” was unconstitutionally vague does not affect this case because AWDWIKISI is a violent crime under the force clause of the ACCA in that it requires an assault with the specific intent to kill.
ACCA – The Armed Career Criminal Act (ACCA), among other things, criminalizing and providing enhanced penalties for use or possession of a firearm during a crime of violence.
The ACCA defines “crime of violence” as a felony that either:
– (force clause) “has as an element the use, attempted use, or threatened use of physical force against the person or property of another”
OR
– (residual clause) “by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense”
The Supreme Court held that the “residual clause” was unconstitutionally vague.
ACCA – Force Clause – The “use” of force involves committing knowingly or purposefully committing an assault (more than just negligence or recklessness)
North Carolina has at least three separate felonies involving assault with a deadly weapon:
(a) Assault with a deadly weapon with intent to kill and inflicting serious injury (AWDWIKISI)
(b) Assault with a deadly weapon and inflicting serious injury (AWDWISI)
(c) Assault with a deadly weapon with intent to kill (AWDWIK)
From the Case: AWDWIKISI involves the attempted use of physical force with the specific intent to kill (which is obviously a higher mental state than recklessness) and therefore “AWDWIKISI is categorically a violent felony under the force clause of the ACCA.”