DARYL LYNN HIGDON v. UNITED STATES OF AMERICA - Articles

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Posted by: Landry Butler on Feb 13, 2018

Court: 6th Circuit Court (Published Opinions)

Attorneys 1:

ARGUED: Jennifer Niles Coffin, FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Knoxville, Tennessee, for Appellant. Luke A. McLaurin, UNITED STATES ATTORNEY’S OFFICE, Knoxville, Tennessee, for Appellee.

Attorneys 2:

ON BRIEF: Rosana E. Brown, FEDERAL DEFENDER SERVICES OF EASTERN TENNESSEE, INC., Knoxville, Tennessee, for Appellant. Luke A. McLaurin, UNITED STATES ATTORNEY’S OFFICE, Knoxville, Tennessee, for Appellee.

Judge(s): GRIFFIN, KETHLEDGE, and BUSH, Circuit Judges.

Court Appealed: Appeal from the United States District Court for the Eastern District of Tennessee at Greeneville.

KETHLEDGE, Circuit Judge. Daryl Higdon was sentenced as an armed career criminal based in part on a North Carolina conviction for discharging a firearm into an occupied structure. The question here is whether that offense—which requires an application of force to an occupied structure, but not to the occupants themselves—nonetheless counts as an offense that involves the use “of physical force against the person of another.” 18 U.S.C. § 924(e)(2)(B)(i). We hold it does not and reverse the district court’s decision to the contrary.