Lee Davis: 6th Circuit Court Of Appeals: Is Evading Arrest A Violent Felony?

Saturday, May 19, 2012 - by Lee Davis
Lee Davis
Lee Davis
This case concerns whether a defendant’s prior conviction for evading arrest is a “violent felony” for purposes of the Armed Career Criminal Act (ACCA). If it is the consequences for a subsequent federal conviction are large. Despite having previously ruled that evading arrest is a violent felony and then having the Supreme Court vacate the Sixth Circuit’s judgment, the Court ruled again that under Tennessee law it is a violent felony.

In this case, defendant David Earl Doyle was found by police in 2007 parked behind a church sleeping in a running vehicle. Deputies saw a pistol in the driver’s side door and a shotgun lying between the driver and his sleeping female companion.
The officers removed the weapons before arresting the two on various charges. A few weeks later a federal grand jury indicted Doyle and charged him as a felon in possession of a firearm, alterations to the barrel of a firearm (sawing off a shotgun), and possession of an unregistered firearm. Doyle pled guilty.

At sentencing the district court ruled Doyle was an armed career criminal (ACCA) under the guidelines because of his three prior convictions that qualified him for an enhanced sentence: aggravated assault, burglary and a Class E felony of evading arrest. The district court sentenced Doyle to 180 months on count one and 120 months for counts two and three, to run concurrently. 

Doyle agrees that his previous convictions for aggravated assault and burglary qualify as violent felonies under the ACCA. The issue is whether evading arrest qualifies as a violent felony. 

Under the ACCA a violent felony is “any crime punishable by imprisonment for a term exceeding one year” that has as an element the use of physical force against another  “or otherwise involves conduct that presents a serious potential risk of physical injury to another.” Class E felony evading arrest can only be considered a violent felony under this catchall provision. 

The Sixth Circuit previously address just such a question in U.S. v. Rogers, holding that in Tennessee a Class E felony evading arrest is a “crime of violence” under the guidelines.  While Doyle claims Rogers was wrongly decided he does not attempt to distinguish a case that is otherwise identical to the fact pattern present here. Though Rogers was remanded by the Supreme Court no new opinion has been issued on the case and therefore the Supreme Court’s ruling has an undetermined impact.
The Court’s majority founds that the portion of the ACCA discussing “serious potential risk of physical injury to another” applies in this case. The Court says such potential risks to officers are always present in vehicular-flight cases. Such risk is inherent in such situations as flight is in defiance of police instructions and the vehicles can be used in a way to cause serious potential risks of injury to others. 

Despite what the Supreme Court wrote in Rogers, the Sixth Circuit has decided that nothing should cause a reconsideration of their holding in Rogers and that Class E felony evading arrest under Tennessee law is a violent felony under the ACCA.

To read the full opinion, click here.
See Our Related Blog Posts:

6th Circuit Appeals Court Upholds Child Pornographer’s Life Sentence

(Lee Davis is a Chattanooga attorney who can be reached at lee@davis-hoss.com or at 266-0605.)


Attorney General Slatery Names Solicitor General

Tennessee Attorney General Herbert Slatery announced that Andrée Sophia Blumstein will join the office as solicitor general.   Mrs. Blumstein will oversee appellate litigation in state and federal courts, review written opinions, and advise the attorney general. “I could not be more pleased that Andrée has accepted this important appointment,” Attorney General Slatery ... (click for more)

Northwest Georgia’s Unemployment Rate Falls To 7.1 Percent In September

The Georgia Department of Labor announced Thursday that the unemployment rate in the Northwest Georgia region in September was 7.1 percent, down 1.0 percent from 8.1 percent in August. The rate in September of last year was 7.8 percent. The rate dropped because there were 4,034 fewer unemployed people in the Northwest Georgia area in September, according to the federal government’s ... (click for more)

Mayor Berke, Chattanooga Police Department, And Community Members Reach Out To Group Members To End Violence

The city of Chattanooga held a call-in on Thursday night, as part of the Violence Reduction Initiative. Dozens of law enforcement officials, community members, social service providers and clergy gathered to deliver a message to over 20 members of violent groups in Chattanooga. Family members of the probationers watched the call-in from another building. Although the call-in was ... (click for more)

Man Airlifted To Erlanger After Early Morning Crash In Bradley County

Bradley County EMS responded to an early morning crash Thursday at 7 a.m. at the intersection of Lauderdale Memorial Highway and Walker Valley Road in Charleston. Three ambulances and an EMS supervisor responded to the scene. There were three vehicles involved and one car left the roadway.   One adult man suffered serious injuries and it was determined that he needed ... (click for more)

Chairs Cost How Much?

Many times while growing up, I would go to the store with my parents. More often than not, I would see something I wanted, and ask my parents to buy it for me. More often than not, they said no. “Why?” I asked. “Son, money doesn’t grow on trees.” That’s a phrase I’m sure many of us have heard more than once over the course of our lives. However, I have since learned that they were ... (click for more)

Roy Exum: My Dear Friend Luther

One sunny morning in June years ago, the renowned radio icon Luther Masingill was on his way back to the WDEF studios on South Broad Street when he stopped for a red light and noticed a young couple in a car idling next to his familiar light blue Ford pickup. “What caught my eye was a buck-toothed boy eating a banana in the back seat,” he explained in an aside to that day’s lunchtime ... (click for more)