In United States v. Hunt, et al., No. 17-12365 (Oct.
30, 2019) (Jordan, Grant, Siler) (per curiam), the Court affirmed the defendants'
sentences (after re-issuing what was previously an unpublished opinion).
First, the Court held that, based on a prior SOS precedent
and Stokeling, Alabama second-degree and third-degree robbery satisfied
the elements clause in the ACCA and Guidelines, because it required force to
overcome the victim's resistance.
Second, the Court held that Michigan carjacking satisfied
the elements clause. Although the
offense could be accomplished by putting another person in fear, the defendant identified
no Michigan case which involved putting the victim in fear without the use,
attempted use, or threatened use of force.
Finally, the Court found that a 60-month 922(g) sentence was
not substantively unreasonable. Although
this sentence was an upward variance, the court justified it based on his
criminal history and use of firearms during illegal activity.
