United States v. Eric Ruska
United States v. Eric Ruska
Opinion
Eric Scott Ruska appeals his sentence of life imprisonment to the extent that the district court imposed it under the federal three strikes statute,
I.
In 2002, Ruska drove a nineteen-year-old woman down a two-track road in rural Michigan. He then stopped the car and revealed he had a handgun. The woman asked him several times to take her home, but Ruska refused. Instead, he raped her three times. Although Ruska was first charged with three counts of first-degree criminal sexual conduct, he pleaded guilty to a reduced charge-assault with intent to do great bodily harm less than murder. As a result, the court sentenced him to one year in jail and two years of probation.
After his release from jail the following year, Ruska raped another woman. He also forced this woman to sit partially naked on a sofa for about three hours while he threatened to beat her. He then drove her around for several hours and suggested he would kill her before he eventually took her back to her home. For this crime, Ruska pleaded guilty to one count of third-degree criminal sexual conduct and kidnapping. And he was sentenced to between ten and fifteen years in prison.
Within two years after he was discharged on parole, Ruska attacked another woman. This woman had the misfortune of accepting his invitation to join him on a fishing trip. The two had been fishing on Ruska's boat for a few hours before Ruska "snapped" and said to her: "I'm not out here for the enjoyment of fishing, but this is what I'm about to do and you either go along with it or I have a gun and I'll shoot you with it." [R. 57, Presentence Report at PageID #322 ¶ 30.] He then raped her repeatedly over several days until the police found them both and arrested Ruska.
For these offenses-committed in the Hiawatha National Forest, which is under federal territorial jurisdiction-the government charged Ruska with one count of kidnapping and three counts of sexual
*311
abuse. Ruska pleaded guilty to all the charges and the district court sentenced him to life in prison for each count. The court arrived at that sentence based on three alternative grounds: First, the court ruled that the federal "three strikes" statute,
II.
Ruska only challenges the first of these rulings: that he qualified for a life sentence under the federal three strikes statute. Because that ruling is a legal conclusion, we review it de novo.
See
United States v. Prater
,
III.
The three strikes statute mandates a life sentence for defendants who are convicted of a "serious violent felony" and have already been convicted of at least two other serious violent felonies.
The district court determined that Ruska had three strikes based on his convictions for the crimes involving the three women he attacked. As relevant here, the district court ruled that his 2002 conviction for assault with intent to do great bodily harm less than murder,
More precisely, Ruska argues that Michigan Compiled Laws § 750.84 does not have "as an element, the use, attempted use, or threatened use of physical force," as it must to qualify under the elements clause.
See
To determine whether a prior conviction qualifies under the elements clause, we employ the categorical approach.
See
United States v. Burris
,
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How much physical force? Both parties implicitly assume that the answer here is the same as it is under the identically worded elements clause of the Armed Career Criminal Act ("ACCA"),
Although we have never said as much before, we agree with the parties. "[B]ecause both laws share essentially the same definition (if not the same titles)," we can define a "serious violent felony" under § 3559(c) the same way we define a "violent felony" under the ACCA, § 924(e)(1).
See
United States v. Ford
,
The question then is whether Michigan Compiled Laws § 750.84 has as an element, the use, attempted use, or threatened use of
Johnson I
"violent force." Ruska contends that § 750.84 requires only the type of force necessary to commit a simple assault, which can extend to the "slightest unwanted physical touch."
See
Johnson I
,
IV.
For these reasons, we affirm.
At the time of Ruska's conviction, section 750.84 provided: "Any person who shall assault another with intent to do great bodily harm, less than the crime of murder, shall be guilty of a felony punishable by imprisonment in the state prison not more than 10 years, or by fine of not more than 5,000 dollars."
We refer to
Johnson v. United States
,
This follows from the "premise that when Congress uses the same language in two statutes having similar purposes ... it is appropriate to presume that Congress intended that text to have the same meaning in both statutes."
Smith v. City of Jackson
,
The Supreme Court's decision in
United States v. Castleman
,
Accordingly, we do not address the constitutionality of the residual clause in
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Eric Scott RUSKA, Defendant-Appellant.
- Cited By
- 5 cases
- Status
- Published