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.)


JAN-Pro Expands Commercial Cleaning Franchise

Throughout 2014, JAN-PRO expanded its network of more than 10,000 owner-operators across the United States with a focus in Chattanooga. JAN-PRO janitorial franchises serve offices, health care facilities, schools and other commercial spaces.  Most recently, JAN-PRO has succeeded in its social media efforts with new Regional Master Franchisee Anthony Burton, modeling an approach ... (click for more)

New Hamilton County Businesses

Here are the new business licenses from the County Clerk's office: ABSTON AMP & GUITAR REP 835 RUNYAN DR CHATTANOOGA, TN 37405 ANCHORED ALLIANCES 59 FAIRHILLS DR CHATTANOOGA, TN 37405 ASHLEY ENTERPRISES INC 1020 E 13TH ST CHATTANOOGA, TN 37408 BEAMHIT INC 4824 HIXSON PK STE B HIXSON, TN 37343 CHATTANOOGA STONE CENTER 7731 LEE HIGHWAY ... (click for more)

DA Tells Dalton Jury Cell Phone Of Skyy Mims Was Found At Murder Scene

District Attorney Bert Poston told a jury in Dalton on Monday that the cell phone of Skyy Mims was found at the scene of the murder of convenience store clerk DK Chaudhari. He said Ms. Mims carried out the robbery in order to get Lotto tickets that she hoped would bring her money to finance her budding musical career. He said she took 80 "$500 A Week For Life" tickets. The ... (click for more)

David Earl Perian, 35, Arrested After Eluding Police In A Foot Chase And Stealing A Vehicle In Bradley County

David Earl Perian, 35, of Cleveland was arrested on multiple charges on Monday after he led police in a foot chase, and then stole a vehicle. Sheriff Eric Watson and members of the Bradley County Sheriff’s Office’s Patrol Division were notified Monday morning of a reckless driver in the area of US 64 and Durkee Road. Minutes later, officers discovered the vehicle, a 2005 ... (click for more)

The Heart Of A Teacher Makes A Difference - And Response (2)

In less than four weeks, I expect to be one of 216 graduating seniors from East Hamilton School. One could say all possible variables help a student rise to the highest levels in school; but a student is more than his environment or genetic code. He is a mixture of his own propensity and dedication to academics, coupled with a systemic team of mentors who give their all as a student’s ... (click for more)

Roy Exum: The P.S. To A Sad Story

Back in the days when we were determined that the Chattanooga News-Free Press would have the best sports section in the country, I was traveling a whole lot. For example, back then I would be leaving today or tomorrow for Saturday’s Kentucky Derby, this after hardly recovering from a week spent at The Masters. And, as it happens with those who are constantly in search for tomorrow’s ... (click for more)