United States v. Dwayne Eugene Cook, A/K/A Craig S. Cook, United States of Am. v. Dwayne Eugene Cook, A/K/A Craig S. Cook, 26 F.3d 507 (4th Cir. 1994). · Go Syfert
United States v. Dwayne Eugene Cook, A/K/A Craig S. Cook, United States of Am. v. Dwayne Eugene Cook, A/K/A Craig S. Cook, 26 F.3d 507 (4th Cir. 1994). Cases Citing This Book View Copy Cite
46 citation events (16 in the last 25 years) across 5 distinct courts.
Strongest positive: United States v. Simms (ca4, 2006-03-28) · Strongest negative: United States v. Bull (ca10, 1999-07-23)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 22 distinct citers.
discussed Cited "but see" United States v. Bull (2×) also: Cited as authority (rule)
10th Cir. · 1999 · signal: but see · confidence high
But see United States v. Cook, 26 F.3d 507, 510 (4th Cir. 1994) (rejecting argument "that Taylor's instruction to examine the charging papers and jury instructions of a prior conviction to determine whether it constitutes a `violent felony' applies only to cases under § 924(e)(2)(B)(ii) involving prior" burglary convictions); United States v. Bregnard, 951 F.2d 457, 459 (1st Cir. 1991) (stating that Taylor approach is applicable to the entire enhancement statute, not just to crimes enumerated in § 924(e)(2)(B)(ii)).
cited Cited as authority (rule) United States v. Simms
4th Cir. · 2006 · confidence medium
See Coleman, 158 F.3d at 202 ; United States v. Cook, 26 F.3d 507, 509 (4th Cir. 1994).
cited Cited as authority (rule) United States v. James E. Simms
4th Cir. · 2006 · confidence medium
See Coleman, 158 F.3d at 202 ; United States v. Cook, 26 F.3d 507, 509 (4th Cir.1994).
discussed Cited as authority (rule) Daly v. Gonzales (2×)
4th Cir. · 2005 · confidence medium
United States v. Cook, 26 F.3d 507, 509 (4th Cir. 1994).
discussed Cited as authority (rule) Woldiger v. Atty Gen USA
3rd Cir. · 2003 · confidence medium
See, e.g., United States v. Palmer, 68 F.3d 52, 59 (2d Cir.1995) (charging instrument and plea hearing transcript); United States v. Cook, 26 F.3d 507, 509-10 (4th Cir.1994) (charging instrument and jury instructions); United States v. Mathis, 963 F.2d 399, 409-10 (D.C.Cir.1992) (indictment and jury instructions); United States v. Kaplansky, 42 F.3d 320, 324-25 (6th Cir.1994) *591 (charging papers, jury instructions, and plea agreements).
discussed Cited as authority (rule) United States v. Michael Leon Brandon (2×)
4th Cir. · 2001 · confidence medium
See id.; see also United States v. Coleman, 158 F.3d 199, 202 (4th Cir.1998) (en banc); *189 United States v. Cook, 26 F.3d 507, 509 (4th Cir.1994). 1 In this case, Brandon’s 1994 conviction springs from a violátion of a statute that prohibits the sale, manufacture, delivery, transportation, or possession of twenty-eight grams or more of cocaine.
discussed Cited as authority (rule) United States v. Brandon (2×)
4th Cir. · 2001 · confidence medium
See id.; see also United States v. Coleman, 158 F.3d 199, 202 (4th Cir. 1998) (en banc); United States v. Cook, 26 F.3d 507, 509 (4th Cir. 1994).1 1 Although Taylor involved the determination of whether a prior con- viction should be considered a burglary conviction under section 4 UNITED STATES v. BRANDON In this case, Brandon’s 1994 conviction springs from a violation of a statute that prohibits the sale, manufacture, delivery, transportation, or possession of twenty-eight grams or more of cocaine.
discussed Cited as authority (rule) United States v. Mitchell
4th Cir. · 2000 · confidence medium
See Martin, 215 F.3d at 472 n.2 (citing United States v. Coleman, 158 F.3d 199, 202 (4th Cir. 1998) (en banc)); United States v. Kirksey, 138 F.3d 120, 124 (4th Cir.), cert. denied, 525 U.S. 849 (1998); United States v. Cook, 26 F.3d 507, 509 (4th Cir. 1994).
discussed Cited as authority (rule) United States v. Freelin Simpkins
4th Cir. · 2000 · confidence medium
See Martin, 2000 WL 742182 at *5 n.2 (citing United States v. Coleman, 158 F.3d 199, 202 (4th Cir. 1998) (en banc); United States v. Kirksey, 138 F.3d 120, 124 (4th Cir. 1998); United States v. Cook, 26 F.3d 507, 509 (4th Cir. 1994)).
cited Cited as authority (rule) United States v. Calvin Pierre Antonio Martin
4th Cir. · 2000 · confidence medium
United States v. Coleman, 158 F.3d 199, 202 (4th Cir.1998) (en banc); see United States v. Kirksey, 138 F.3d 120, 124 (4th Cir.1998); United States v. Cook, 26 F.3d 507, 509 (4th Cir.1994).
cited Cited as authority (rule) United States v. Martin
4th Cir. · 2000 · confidence medium
United States v. Cole- man, 158 F.3d 199, 202 (4th Cir. 1998) (en banc); see United States v. Kirksey, 138 F.3d 120, 124 (4th Cir. 1998); United States v. Cook, 26 F.3d 507, 509 (4th Cir. 1994).
discussed Cited as authority (rule) United States v. Cain
4th Cir. · 1998 · confidence medium
If the statute proscribes conduct that may or may not qualify as generic burglary, however, the court may look beyond the fact of conviction and the statutory definition and determine whether 5 the indictment and jury instructions, for example, required the jury to "actually find all the elements of [generic] burglary." United States v. Cook, 26 F.3d 507, 509 (4th Cir. 1994).
cited Cited as authority (rule) United States v. Brent Barett Jenkins
4th Cir. · 1995 · confidence medium
United States v. Cook, 26 F.3d 507, 509 (4th Cir.), cert. denied, 63 U.S.L.W. 3312 (U.S.1994).
cited Cited as authority (rule) United States v. Ricky Dean Laforce
4th Cir. · 1994 · confidence medium
Taylor, 495 U.S. at 579 ; United States v. Cook, 26 F.3d 507, 509 (4th Cir.1994).
discussed Cited "see" United States v. Toyer (2×)
4th Cir. · 2011 · signal: see · confidence high
After all, threatening someone with a handgun necessarily entails threatening them with “force capable of causing physical pain or injury to another person.” Johnson, 130 S. Ct. 1271 ; see United States v. Cook, 26 F.3d 507, 509 (4th Cir. 1994) (using a handgun to threaten a state witness constitutes a violent felony under 18 U.S.C. § 924 (e)(2)(B)(i)).
discussed Cited "see" United States v. Lindh
E.D. Va. · 2002 · signal: see · confidence high
See United States v. Cook, 26 F.3d 507, 509 (4th Cir.1994) (holding that a sentencing court may examine the charging papers and the jury instructions to determine whether the crime for which the jury convicts a defendant was a violent act); see also United States v. Kennedy, 133 F.3d 53 (D.C.Cir. 1998) (holding that district courts are entitled to look at the indictment to determine whether the charged crime was by its nature a crime of violence pursuant to Section 924(c)(3)(B)); United States v. Mendez, 992 F.2d 1488, 1491 (9th Cir.1993) (same).
cited Cited "see" United States v. Rich
4th Cir. · 1999 · signal: see · confidence high
See United States v. Cook, 26 F.3d 507, 509 (4th Cir. 1994). _________________________________________________________________ *This rule, the "Gerstung Rule," formerly codified at Md.
examined Cited "see" United States v. Sidney R. Coleman (6×)
4th Cir. · 1998 · signal: see · confidence high
On the one hand, it is well settled that in determining whether a conviction constitutes a “violent felony” under § 924(e)(2)(B), a court generally must “look only to the fact of conviction and the statutory definition of the prior offense.” Taylor v. United States, 495 U.S. 575, 602 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990); see United States v. Cook, 26 F.3d 507, 509 (4th Cir.1994).
discussed Cited "see" United States v. Hooper
4th Cir. · 1996 · signal: see · confidence high
Only in a "nar- row range of cases" may the sentencing court look beyond the fact of conviction and the statutory definition and determine if the indictment and jury instructions "actually required the jury to find all elements of generic burglary." Id; see United States v. Cook, 26 F.3d 507, 509 (4th Cir.), cert. denied, ___ U.S. ___, 63 U.S.L.W. 3312 (U.S. Oct. 17, 1994) (No. 94-6023).
discussed Cited "see" United States v. Frederick Leonard Hooper
4th Cir. · 1996 · signal: see · confidence high
Only in a "narrow range of cases" may the sentencing court look beyond the fact of conviction and the statutory definition and determine if the indictment and jury instructions "actually required the jury to find all elements of generic burglary." Id; see United States v. Cook, 26 F.3d 507, 509 (4th Cir.), cert. denied, --- U.S. ---, 63 U.S.L.W. 3312 (U.S. Oct. 17, 1994) (No. 94-6023). 9 The statutory language of the North Carolina offense of breaking or entering, N.C.
discussed Cited "see, e.g." United States v. Kirksey (2×)
4th Cir. · 1998 · signal: see also · confidence medium
See U.S.S.G. § 4B1.2, comment. (n.2) (crime of violence includes offenses where "the conduct set forth (i.e., expressly charged) in the count . . . by its nature, presented a serious potential risk of physical injury to another." (emphasis added)); see also United States v. Cook, 26 F.3d 507, 509 (4th Cir. 1994); United States v. Johnson, 953 F.2d 110, 113 (4th Cir. 1991).
discussed Cited "see, e.g." United States v. Charles Leon Kirksey (2×)
4th Cir. · 1998 · signal: see also · confidence medium
See U.S.S.G. § 4B1.2, comment, (n.2) (crime of violence includes offenses where “the conduct set forth (i.e., expressly charged) in the count ... by its nature, presented a serious potential risk of physical injury to another.” (emphasis added)); see also United States v. Cook, 26 F.3d 507, 509 (4th Cir.1994); United States v. Johnson, 953 F.2d 110, 113 (4th Cir.1991).
UNITED STATES of America, Plaintiff-Appellant,
v.
Dwayne Eugene COOK, A/K/A Craig S. Cook, Defendant-Appellee; UNITED STATES of America, Plaintiff-Appellee, v. Dwayne Eugene COOK, A/K/A Craig S. Cook, Defendant-Appellant
92-5416, 92-5417.
Court of Appeals for the Fourth Circuit.
Jun 17, 1994.
26 F.3d 507
ARGUED: Ethan L. Bauman, Asst. U.S. Atty., Baltimore, MD, for appellant. Beth Mina Farber, Asst. Federal Public Defender, Baltimore, MD, for appellee. ON BRIEF: Richard D. Bennett, U.S. Atty., Baltimore, MD, for appellant. Anthony R. Gallagher, Acting Federal Public Defender, Baltimore, MD, for appellee.
Russell, Wilkins, Luttig.
Cited by 30 opinions  |  Published

Vacated and remanded by published opinion. Judge RUSSELL wrote the opinion, in which Judge WILKINS and Judge LUTTIG joined.

OPINION

DONALD RUSSELL, Circuit Judge:

The United States appeals the district court’s finding that defendant Dwayne Cook’s obstruction of justice conviction does not qualify as a predicate offense under the sentencing enhancement provisions of the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e). Because we find that obstruction of justice does constitute a “violent felony” under the ACCA, we vacate the district court’s judgment and remand the case for resentencing pursuant to the ACCA and the pertinent provisions of the United States Sentencing Guidelines.

I.

After a jury trial in the Maryland district court, Cook was found guilty of several offenses, including possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g). Upon the jury’s return of a guilty verdict, counsel for both the defense and the United States filed memoranda regarding the applicability of the sentencing enhancement provisions of the ACCA to Cook. The ACCA mandates a minimum term of fifteen years incarceration for anyone convicted under 18 U.S.C. § 922(g) who has three prior convictions for “violent felon[ies]” or “serious drug offense[s]” as defined by section 924(e) of the ACCA.

At the time of his conviction, Cook had three prior convictions: assault, robbery, and obstruction of justice. Cook conceded that his assault and robbery convictions properly could be counted as two of the three convictions required for enhancement. Cook contended, however, that his obstruction of justice conviction should not qualify him for enhancement because obstruction of justice is not a “violent felony” as defined by section 924(e) of the ACCA. The United States, on the other hand, argued that Cook’s obstruction of justice conviction did constitute a “violent felony” because Cook used violent means to commit the offense. [1]

The district court agreed with Cook, finding that his obstruction of justice conviction did not constitute a “violent felony” for the purposes of sentence enhancement under the ACCA. The court based its reasoning on the language of Maryland’s obstruction of justice statute which criminalizes obstruction of justice by both violent and nonviolent means. [2] Md.Ann.Code art. 27, § 27 (1957). Because the offense as defined by Maryland law could hypothetically have been accomplished by nonviolent means, the court found that it did not constitute a “violent felony” under section 924(e) of the ACCA. The United States appeals this decision.

II.

The ACCA mandates a minimum sentence of 15 years for violations of 18 U.S.C. § 922(g) by persons with three or more convictions for “violent felon[ies]” or “serious drug offense[s].” The ACCA defines the term “violent felony” to mean:

(B) ... any crime punishable by imprisonment for a term exceeding one year, ... that—
(i) has as an element the use, attempted use, or threatened use of physical force against the person of another; or
(ii) is burglary, arson, or extortion, involves use of explosives, or otherwise[*509] involves conduct that presents a serious potential risk of physical injury to another....

18 U.S.C. § 924(e)(2)(B)(i) and (ii).

In Taylor v. United States, 495 U.S. 575, 579, 110 S.Ct. 2143, 2148, 109 L.Ed.2d 607 (1990), the Supreme Court addressed the issue of whether a defendant’s conviction under a state burglary statute constituted a predicate “violent felony” conviction for “burglary” under section 924(e) (2) (B)(ii). The state statutes defined the crime of burglary more broadly than the crime is defined in section 924(e)(2)(B)(ii), so defendant’s conduct in violating the state statute may or may not have constituted burglary under section 924(e)(2)(B)(ii). Id. at 578 n. 1, 602, 110 S.Ct. at 2147-2148 n. 1, 2160.

The Court recognized that section 924(e)(2)(B)(ii) “generally requires the trial court to look only to the fact of conviction and the statutory definition of the prior offense.” Id. at 602, 110 S.Ct. at 2160. It held, however, that in a “narrow range of cases” where a jury may have been “actually required to find all the elements of [section 924(e)(2)(B)(ii) ] burglary,” id., a sentencing court may “go beyond the mere fact of conviction” to determine whether a jury, in convicting a defendant, did actually find all the elements of section 924(e)(2)(B)(ii) burglary. Id. The Court authorized the sentencing court to examine “the indictment or information and jury instructions” in making this determination. Id. We find that Taylor controls the case at bar.

Here, Cook was convicted for obstruction of justice as defined by Md. Ann. Code art. 27, § 27 (1957) which prohibits obstruction of justice by “threats or force” as well as by “corrupt means.” Because this statute defines obstruction of justice so that one may commit it by both violent and nonviolent means, it is unclear whether Cook’s prior conviction included force as a necessary element and thus constitutes a “violent felony” under section 924(e)(2)(B)(i). As a result, Taylor requires that the sentencing court examine the charging papers and the jury instructions to determine whether the crime for which the jury convicted Cook was obstruction of justice by violent means. [3]

Count one of the indictment clearly shows that Cook was charged with using a handgun to threaten a state witness into remaining silent about Cook’s possible involvement in a robbery. [4] As a result, it is quite plain that Cook was charged with and convicted of obstruction of justice by violent means, a crime that “ha[d] as an element the use, attempted use, or threatened use of physical force against the person of another,” and thus constitutes a “violent felony” as defined in section 924(e)(2)(B)(i) of the ACCA. [5]

[*510] We reject Cook’s contention that Taylors instruction to examine the charging papers and jury instructions of a prior conviction to determine whether it constitutes a “violent felony” applies only in cases under section 924(e)(2)(B)(ii) involving prior convictions for burglary. Not only is such a restricted reading of this instruction nowhere suggested in the Court’s opinion, but applying the instruction in this narrow manner would create an arbitrary distinction between defendants with prior convictions for burglary and those with other prior convictions. Moreover, the majority of courts of appeals that have addressed this issue have applied Taylor broadly to all predicate convictions under sections 924(e)(2)(B)(i) and (ii). See United States v. Mendez, 992 F.2d 1488, 1491 (9th Cir.1993) (conspiracy to commit robbery), cert. denied, - U.S. -, 114 S.Ct. 262, 126 L.Ed.2d 214 (1993); United States v. Harris, 964 F.2d 1234, 1235-1237 (1st Cir.1992) (assault and battery); United States v. Bregnard, 9 51 F.2d 457, 459-460 (1st Cir.1991) (assault and battery), cert. denied, — U.S. -, 112 S.Ct. 2939, 119 L.Ed.2d 564 (1992); Lowe v. United States, 923 F.2d 528, 530-531 (7th Cir.1991) (intimidation), cert. denied, 500 U.S. 937, 111 S.Ct. 2066, 114 L.Ed.2d 471 (1991).

III.

We therefore vacate the judgment of the district court and remand the case for resen-tencing pursuant to the provisions of the Armed Career Criminal Act, 18 U.S.C. § 924(e), and the pertinent provisions of the United States Sentencing Guidelines.

VACATED AND REMANDED.

1

. The indictment that charged Cook with obstruction of justice indicates that Cook used a handgun to threaten a state witness into remaining silent about Cook's possible involvement in a robbery.

2

. Maryland’s obstruction of justice statute prohibits the obstruction of justice by “corrupt means or by threats or force.” Md. Ann.Code art. 27, § 27 (1957).

3

. Other courts of appeals have reached varying conclusions as to whether Taylor authorizes a sentencing court, in determining whether a jury actually convicted a defendant of a "violent felony” under section 924(e)(2)(B), to examine only the jury instructions and the indictment or to engage in a broader inquiry. Compare United States v. Preston, 910 F.2d 81, 85 (3d Cir.1990) (sentencing court may examine only the jury instructions and the indictment), cert. denied, 498 U.S. 1103, 111 S.Ct. 1002, 112 L.Ed.2d 1085 (1991), with United States v. Harris, 964 F.2d 1234, 1236 (1st Cir.1992) (sentencing court may examine other documents in addition to the jury instructions and indictment). Because we are able here to determine from the indictment that Cook’s prior conviction was for a "violent felony,” we need not address this issue, and we take no position with respect to it.

4

. Cook contends that the indictment charging him with obstruction of justice does not adequately demonstrate that he obstructed justice in a violent manner. To support his argument, Cook points to two typographical errors in the indictment. We find these errors to be insignificant ones that in no way bring into question the validity of the indictment's statement that Cook used a handgun to obstruct justice.

5

. Cook contends that if we find that his prior conviction for obstruction of justice constitutes a “violent felony” under the ACCA, we should remand his case to the district court to entertain his constitutional collateral attacks to his obstruction of justice conviction. Cook challenges this conviction on the grounds that his guilty plea was involuntary and that he received ineffective assistance of counsel. Following the Supreme Court's holding in Custis v. United States, - U.S. -, -, 114 S.Ct. 1732, 1738-39, 128 L.Ed.2d 517 (1994) (denying defendant permission to challenge prior conviction used for sentence enhancement under the ACCA on the grounds of ineffective assistance of counsel and involuntary guihy plea), we find Cook’s contention to be without merit.