Court: Court of Appeals for the Eighth Circuit; March 16, 2005; Federal Appellate Court
Walter R. Barbour appealed his sentence following a guilty plea for being a felon in possession of ammunition, which violated 18 U.S.C. § 922(g)(1). The district court classified motor vehicle theft as a "violent felony" under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), necessitating a minimum sentence of 15 years due to Barbour's three prior violent felony convictions, which included robbery, forcible sodomy, and vehicle theft.
The Eighth Circuit Court of Appeals affirmed the district court's ruling, having jurisdiction under 18 U.S.C. § 3742(a) and 28 U.S.C. § 1291. The court noted that it reviews de novo the classification of prior convictions as violent felonies for sentence enhancement purposes, allowing for consideration of documents beyond mere conviction records, such as charging documents.
The court referenced past decisions, specifically *United States v. Sun Bear* and *United States v. Sprouse*, which established that the theft or attempted theft of an operable vehicle constitutes a crime of violence due to the inherent risks involved. Barbour's argument against this classification was countered by the precedent established in these earlier cases, which the court was bound to follow, notwithstanding a Supreme Court ruling that excluded driving under the influence offenses from the definition of "crime of violence."
Ultimately, Barbour's sentence was upheld, with some judges expressing their support for a rehearing en banc. Judge Bright concurred with the judgment but noted his agreement with dissenting and concurring opinions from previous related cases.
The Supreme Court's ruling in Leocal v. Ashcroft clarified that a "crime of violence" or "violent felony" must involve active violence, casting doubt on the continued relevance of previous cases Sun Bear and Sprouse. The case may warrant en banc review. Melinda S. Whitman, Assistant District Attorney, provided an affidavit detailing an incident on September 25, 1994, where Walter R. Barbour unlawfully took a 1986 Chevrolet Caprice, valued between $500 and $25,000, intending to deprive the owner, Mary Garcia, of her property. Officers responded to a report of the stolen vehicle and later located Barbour, who was attempting to flee after crashing the car into Garcia's home. Barbour admitted to stealing the car under pressure from two men in exchange for cocaine and described how he broke into the vehicle before losing control and crashing. This information was corroborated by Prairie Village Police Department reports.
