Background
Ronnie Gerald Wiggins was stopped by police in a McDonald’s drive-thru after 911 calls reported erratic driving. Officers found a firearm in his vehicle after determining he had an outstanding warrant for a probation violation on a murder conviction. Wiggins was convicted of felon in possession of a firearm and sentenced to 240 months based on the Armed Career Criminal Act enhancement, which relied on four prior convictions including Oklahoma robbery with a firearm and Texas first-degree murder.
The court’s reasoning
The court found no Fourth Amendment violation because checking for outstanding warrants is an ordinary task incident to a traffic stop, even after the initial suspicion of intoxication was dispelled. Regarding the sentencing, the court applied the categorical approach and accepted the government’s concession that the Oklahoma robbery and Texas murder convictions did not have the use of physical force as an element. With only two qualifying predicates remaining, the ACCA enhancement could not apply, rendering the 240-month sentence illegal.
What it means going forward
Defendants challenging ACCA enhancements may rely on the government’s concessions regarding specific state convictions that lack the requisite elements of violent felonies. Sentences exceeding statutory maximums due to erroneous ACCA applications must be vacated and remanded for resentencing.
Podcast (federal-narrative-summaries): Play in new window | Download