Bland v. United States
Bland v. United States
Opinion of the Court
Charles Bland appeals the enhancement of his sentence for unlawful possession of a firearm (UPF) under a statutory provision requiring a mandatory minimum prison term of three years instead of one year if the offender has a prior conviction for a “crime of violence other than conspiracy.”
First, as the government argues and appellant does not dispute, he waived his constitutional claim at trial in order to keep the jury from learning the nature of his prior convictions to his potential prejudice. To that end, he entered into a stipulation informing the jury only that he had a previous conviction for which the penalty was greater than one year. Through counsel, he expressly agreed that (1) whether his previous convictions were for a crime of violence was “not something that the jury has to know about”; and (2) he would “not ... take the position ... because the jury made no finding that the prior conviction was a crime of violence, that the Government is in any way precluded from” seeking a sentencing enhancement based on that fact. Appellant cannot take a contrary position in this court.
Second, even if we were to disregard his waiver, appellant cannot prevail on his constitutional claim. His premise, that the jury had to find his prior conviction for a violent crime in order for his sentence to be enhanced on that basis, is erroneous. “The Supreme Court established in Apprendi that the fact of a prior conviction does not have to be submitted to the jury’s consideration before the judge may enhance the sentence.”
Third, we are satisfied the judge had sufficient grounds for finding that appellant was previously convicted of crimes of violence. It is true that the government did not provide the court with a certified copy of the judgment of conviction or equivalent documentation. However, before trial, pursuant to D.C. Code § 23~lll(a)(l) (2012 Repl.), the government filed with the court and served on appellant’s counsel in open court an information stating that appellant would be subject to the enhanced penalties for UPF based on his convictions for armed robbery and assault with a dangerous weapon in Superior Court case number 77-FEL-6483. In addition, the government filed with the court a copy of its letter furnishing appellant with a certified copy of the judgment of conviction in that case. Armed robbery and ADW are both crimes of violence.
The judgment of the Superior Court is hereby affirmed.
So ordered.
. See D.C. Code § 22-4503(a)(1), (b)(1) (2012 Repl. & 2016 Cum. Supp.). Mr. Bland also was convicted of possession of an unregistered firearm and unlawful possession of ammunition, see D.C. Code §§ 7-2502.01(a) and 7-2506.01(3) (2012 Repl.), but he raises no issue with respect to those convictions.
. See Preacher v. United States, 934 A.2d 363, 368 (D.C. 2007) (“Generally, the invited error doctrine precludes a party from asserting as error on appéal a course that he or she has induced the trial court to take.”); Brown v. United States, 627 A.2d 499, 508 (D.C. 1993) (“We have repeatedly held that a defendant may not take one position at trial and a contradictory position on appeal.”).
. Eady v. United States, 44 A.3d 257, 261 (D.C. 2012); see Apprendi v. New Jersey, 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) ("Other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.”); see also Alleyne v. United States, — U.S. -, 133 S.Ct. 2151, 2160 & n.1, 186 L.Ed.2d 314 (2013) (holding that “the principle applied in Apprendi applies with equal force to facts increasing the mandatory minimum,” subject to the same “exception ... for the fact of a prior conviction”).
.See D.C. Code § 22-4503(d)(l) (providing, in pertinent part, that " 'Crime of violence' shall have the same meaning as provided in [D.C. Code] § 23-1331(4) ....”); see, e.g., Towles v. United States, 115 A.3d 1222, 1232-
. 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). Appellant argues that later decisions of the Court have raised doubts about the continuing viability of Almendarez-Torres to the point that it should no longer be considered good law. This court is not in a position to reach such a conclusion. See, e.g., Agostini v. Felton, 521 U.S. 203, 237, 117 S.Ct. 1997, 138 L.Ed.2d 391 (1997) (rejecting proposition "that other courts should ever conclude that [the Supreme Court's] more recent cases have, by implication, overruled an earlier precedent”).
. See D.C. Code § 23-1331(4) (2012 Repl).
. That the statements were not made by appellant personally does not mean they cannot be treated as his admissions. "A party may make an admission by adopting or acquiescing in the statement of another.” Tann v. United States, 127 A.3d 400, 466 (D.C. 2015).
. The judge neglected to address appellant in accordance with the requirements of D.C. Code § 23-111(b) to ask him whether he affirmed or denied the convictions and advise
[Appellant] makes no claim that he has any basis on which to dispute or challenge his prior convictions for crimes of violence. We therefore conclude that the trial court’s "error was essentially harmless because appellant has not attempted to show any harm, nor do we independently glean from the record any injury, caused by the trial court’s omission. In such an instance, we will not waste scarce judicial resources and remand this case for resentencing.” Brocksmith v. United States, 99 A.3d 690, 703 (D.C. 2014) (internal quotation marks omitted).
. D.C. Code § 22-4503(b)(1). In excepting conspiracy convictions from the class of violent crime convictions triggering a sentence enhancement, subsection (b)(1) reflects the fact that D.C. Code § 23-1331(4) lists conspiracy to commit one of the enumerated (substantive) crimes of violence as being another such crime.
Reference
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- Charles BLAND v. UNITED STATES
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