United States v. Shannon Wayne Tighe

OVERVIEW

This case is before us to review the legality of Tighe’s sentence, imposed pursuant to the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924 (e), which mandates a minimum sentence of 15 years for any person who violates the felon-in-possession statute, 18 U.S.C. § 922 (g), and who has three previous convictions for violent felonies or serious drug offenses. Tighe claims that his sentence cannot stand because ACCA is unconstitutional in light of the Supreme Court’s recent decision in Apprendi v. New Jersey, and because two of the prior offenses upon which the district court relied as predicate offenses were improperly counted as such. Although we reject Tighe’s claim that ACCA is facially unconstitutional, as well as his claim that his third degree burglary conviction was not a “violent felony” under ACCA, we agree that the district court violated Apprendi in counting as a predicate offense Tighe’s previous juvenile adju *1190 dication. Accordingly, we vacate Tighe’s sentence and remand for resentencing.

BACKGROUND

On April 20, 2000, Tighe pled guilty to three counts of a three-count indictment charging him with bank robbery in violation of 18 U.S.C. § 2113 (a) and…

dissenting:

The majority reaches the unsupportable conclusion that a juvenile adjudication is not a “conviction” for sentencing enhancement purposes because, in essence, juveniles have no constitutional right to a trial by jury. I respectfully dissent from Part I.B of the opinion because it fails to recognize the full force of Supreme Court precedent, our case law, and congressional intent.

I begin with 18 U.S.C. § 922 (g)(1), the relevant statute under which Tighe was convicted. That provision makes it unlawful for a prior felon to possess a firearm. When an individual violates the substantive crime set forth in section 922(g), he is subject to an enhanced penalty under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924 (e), if he has suffered three previous convictions for “a violent felony or a serious drug offense.” Congress specifically included in section 924(e)’s definition of a countable conviction any “finding that a person has committed an act of juvenile delinquency involving a violent felony.” Id. § 924(e)(2)(C).

This court has clearly held that section 924(e) is a penalty enhancement statute and does not create a new substantive federal crime. United States v.…

266 F.3d 1187 (9th Cir. 2001) UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. SHANNON WAYNE TIGHE, DEFENDANT-APPELLANT. No. 00-30263 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Argued and Submitted June 13, 2001 Filed September 24, 2001 [Copyrighted Material Omitted] Michael Donahoe, Assistant Federal Defender, Helena, Montana, for the defendant-appellant. Bernard F. Hubley, Assistant United States Attorney, Helena, Montana, for the plaintiff-appellee. Appeal from the United States District Court for the District of Montana John S. Rhoades, District Judge, Presiding D.C. No. CR-00-00005-JSR Before: Betty B. Fletcher, Melvin Brunetti and Raymond C. Fisher, Circuit Judges. Fisher, Circuit Judge OVERVIEW 1 This case is before us to review the legality of Tighe's sentence, imposed pursuant to the Armed Career Criminal Act ("ACCA"), 18 U.S.C. §§ 924 (e), which mandates a minimum sentence of 15 years for any person who violates the felon-in-possession statute, 18 U.S.C. §§ 922 (g), and who has three previous convictions for violent felonies or serious drug offenses. Tighe claims that his sentence cannot stand because ACCA is unconstitutional in light of the…