Vehicular Hijacking-Crime of Violence

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7^th Circuit Court of Appeals

Case Name: United States of America v. Terrance Brown

Case No.: 22-1192

Officials: Ripple, St. Eve, and Pryor, Circuit Judges

Focus: Vehicular Hijacking-Crime of Violence

Brown was found guilty of bank robbery and classified as a career offender based on U.S.S.G. 4B1.1, 4B1.2, with a suggested sentencing range of 210-240 months’ imprisonment. The Seventh Circuit upheld his 180-month sentence. According to the court, individuals are considered career offenders if they have two or more previous felony convictions related to a crime of violence. The “elements clause” 4B1.2(a)(1) defines a crime of violence as any offense punishable by imprisonment exceeding one year, which includes the use, attempted use, or threatened use of physical force against another person. In Brown’s case, he had a 2010 conviction in Illinois for aggravated vehicular hijacking, where he used force or threatened force to take a motor vehicle from someone else, while also carrying a dangerous weapon.

The Seventh Circuit had previously ruled that Illinois vehicular hijacking qualified as a 4B1.2(a)(1) crime of violence. The Supreme Court’s 2021 decision in “Borden” regarding the term “violent felony” under the Armed Career Criminal Act’s elements clause, which is identical to 4B1.2(a)(1), did not overturn this precedent. In “Borden,” the Court established that, under the categorical approach, an offense cannot be considered to involve the use of physical force against another person if it can be committed with a mens rea of recklessness. However, in the case of the Illinois statute, the court concluded that it implies an element of knowing or purposeful use or threat of force.

Affirmed.

Decided 07/21/23

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