United States v. Brian R. Anderson

We consider the meaning of “extortion” under the Armed Career Criminal Act.

Background

Brian Anderson pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g). If a felon in possession has three or more previous convictions for “violent felon[ies]” his sentence increases precipitously under the Armed Career Criminal Act, 18 U.S.C. § 924 (e). Anderson had three serious crimes on his record, two burglaries and one incident in which he threatened (unsuccessfully) to destroy someone’s pickup truck unless he was paid $200. The district court held all these crimes were violent felonies under the Act, and sentenced Anderson to over 15 years in prison, some 12 years more than he’d have gotten otherwise.

Everyone agrees Anderson’s first two crimes qualify as “violent felonies,” but there’s some doubt about the third one. The Armed Career Criminal Act defines “violent felony” as one of three categories of crimes: (1) crimes that have the use of force as an element; (2) crimes that involve a substantial risk of injury; (3) and arson, burglary and extortion. The tough issue turns out to be whether Anderson’s third crime was “extortion.” Is it extortion…