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.)


Supreme Court Upholds Rape Of A Child Conviction

The Tennessee Supreme Court has upheld the conviction of a Memphis man for rape of a child, ruling that a prosecution error in the trial did not deprive the defendant of his constitutional right to a unanimous jury verdict.  Courtney Knowles was found guilty of raping the daughter of his half-sister/girlfriend. The victim was less than 13 years old and Knowles lived in the ... (click for more)

Applications Now Being Accepted For 2015-2016 Adult Leadership Walker County Class

The Walker County Chamber of Commerce is accepting applications for the 2015-2016 Adult Leadership Walker County Class. This program is a collaborative effort between Chamber staff, community leaders and chamber members. It provides participants the opportunity to both learn and develop the skills necessary to be a leader in the community. Participants are given an overview of city ... (click for more)

Ruling States That City Of Cleveland Is Entitled To Liquor By The Drink Funds

The city of Cleveland is entitled to keep all funds collected since city voters approved “liquor by the drink” in the Nov. 5, 2002 election. Bradley County Schools sued the city for taxes owed based on the school board’s interpretation of state law. Cleveland City Schools will be allowed to keep its money. The city of Cleveland distributed the liquor by the drink tax to Cleveland ... (click for more)

Crash On Chattanooga Avenue Causes Power Outage

A single-car accident in Dalton damaged a power pole on Chattanooga Avenue in front of the Crown Mill Village apartments and has caused a power outage in the area.   Chattanooga Avenue was closed between Matilda Street and Judson Street while the Dalton Police Department investigated the crash and Dalton Utilities worked to replace the pole. The road was reopened later.  ... (click for more)

Chattanooga's Memorial Day - And Response

It is recorded in the Fourth Chapter of the Book of Joshua, that after the nation had crossed the River Jordan, Joshua would receive a divine commandment to choose 12 men from among the people and tell them to take 12 stones from the middle of the river.  Each man placed a stone on their shoulder which represented one of the tribes of Israel, and served as a memorial ... (click for more)

Roy Exum: My Garden In August 2015

Those in the know tell me the month of August is National Peach Month, so as I take a stroll through garden, I am paying particular attention to the poppy and the gladiolus because they are the “birth flowers" of this month. But as we dole out our months Orchids and Onions, let’s substitute a peach and a pit, that hard seed you find when you bite into a peach. A PEACH to the ... (click for more)