Doncey Frank Boykin v. United States

PRESENTED In United In States v. United States v. Walton, 881 F.3d Walton, 881 F.3d 768 (9th Cir. 768 (9th Cir. 2018), 2018), the the Ninth Ninth Circuit Circuit held held that that robbery offenses robbery offenses under Alabama law under Alabama law do do not not qualify qualify as as "violent “violent felon[ies]” under felon[ies]" under the the elements clause of elements clause of the Armed the Armed Career Career Criminal Act (“ACCA” Criminal Act ("ACCA" or or the “Act”), because the "Act"), because those offenses do those offenses do not not have “as an have "as an element element the the use, use, attempted use, attempted or threatened use, or threatened use of physical use of physical force force against the against the person person of of another." another.” 18 18 U.S.C. U.S.C. § 924(e)(2)(B). § Without addressing 924(e)(2)(B). Without addressing thatthat conflicting conflicting authority, the authority, the Eleventh Eleventh Circuit Circuit held held inin the the decision decision below that below Alabama second-degree that Alabama second-degree robbery robbery does does qualify as a qualify as a violent violent felony felony under under the Act’s elements the Act's elements clause. The clause. The question question presented is: presented is: Whether a Whether a state state law law robbery offense that robbery offense that extends extends to to mere snatchings—involving only mere snatchings—involving only minimal minimal physical physical contact with contact with the victim—lacks the the victim—lacks the requisite requisite degree of degree of force to force to qualify as a qualify as a "violent “violent felony” felony" under the Act's under the Act’s elements clause. elements clause.