United States District Court, E.D. Virginia, Alexandria Division
M. HILTON UNITED STATES DISTRICT JUDGE.
case is before the Court on Eric Crutfields's (the
''Petitioner") Motion To Vacate, Set Aside
And/Or Correct His Sentence pursuant to 28 U.S.C. § 2255
seeking relief from his sentence under the Armed Career
Criminal Act ("ACCA") in light of the Supreme
Court's recent decision in Johnson v. United
States, 135 S.Ct. 2551 (2015).
February 7, 2008, the Petitioner was indicted on one count of
felon in possession of a firearm, 18 U.S.C. 922(g)(1), and
one count of unlawful drug user in possession of a firearm,
18 U.S.C. 922(g) (3) . On April 9, 2008, the Petitioner
pleaded guilty to the felon in possession of a firearm count,
and in exchange the Government dismissed the unlawful drug
user in possession of a firearm count.
joint Statement of Facts stipulated that, on or about
December 8, 2007, the Petitioner traveled, in possession of a
firearm, within the Eastern District of Virginia. While in
Fairfax County, he knowingly and intentionally shot a known
individual two times with the firearm. One of the bullets
struck the victim in the chest and the other bullet struck
the victim in the shoulder, causing the victim to have
serious and life threatening injuries.
described in the Government's Position On Sentencing, the
Petitioner's ex-girlfriend (hereinafter "NK")
was the mother of Petitioner's two-year-old son. On the
day of the offense, Crutchfield had several verbal
altercations over the telephone with NK and her new
boyfriend. That evening, the Petitioner traveled to the
Fairfax home NK lived with Petitioner's son. Before
approaching the home, Petitioner called the home and
confirmed that NK's new boyfriend was inside the house.
Immediately thereafter, Petitioner rang the doorbell and, as
the boyfriend opened the door, the Petitioner opened fire on
him, shooting him in the chest and shoulder. Several
additional shots fired by the Petitioner entered the home,
which was occupied by several people, including his
two-year-old son. The Petitioner fled the scene while the
victim was transported to the hospital.
Plea Agreement included a joint stipulation and
recommendation to the Court that Petitioner was an
"Armed Career Criminal" within the meaning of the
Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e),
and U.S.S.G. § 4B1.4. Specifically, the parties
stipulated that the Petitioner had previously been convicted
of three "violent felonies" as that term is defined
in ACCA, 18 U.S.C § 924(e) (2) (B) . The parties agreed
that the maximum penalty for the offense was life
imprisonment, and that the mandatory minimum term of
imprisonment was fifteen (15) years. A description of the
Petitioner's three prior felonies follows.
September 23, 1998, the Petitioner and three other
individuals entered a video store in Washington, D.C., took
out shotguns, and ordered the employees and customers to lie
on the floor. The robbers placed weapons on the heads of the
employees and customers and ordered them to empty their
pockets. Three victims were struck in the head with a
shotgun. One victim required medical attention. The robbers
stole approximately $3, 000.
Petitioner was later identified in a photo array and was
arrested. He gave a detailed written confession describing
the offense and admitting his involvement in both the
planning and execution of the robbery.
March 23, 2001, the Petitioner was convicted of two counts of
D.C. Armed Robbery in violation of D.C. Code Section 22-2801
and Section 22-4502.
January 12, 1999, the Petitioner and two other defendants
were involved in a drug-related robbery and double murder
inside an apartment at 933 N Street, N.W. in Washington, D.C.
The Petitioner and two other defendants went to the apartment
to confront or rob drug suppliers. Once at the apartment, the
two other defendants shot and killed two victims. Petitioner
then seized a supply of marijuana from the apartment and fled
with the co-defendants to the Sursum Corda neighborhood of
D.C, where Crutchfield divided the drugs among the other
witnesses identified the Petitioner as one of the
participants. Petitioner was arrested and gave a video
confession of his involvement.
March 23, 2001, the Petitioner was convicted of one count of
D.C. Robbery in violation of D.C. Code Section 22-2801, and
one count of Accessory After the Fact to Felony Murder.
to charging documents, on August 2, 1999, in Arlington
County, Virginia, Petitioner "maliciously wounded, or
caused bodily injury to [an individual with the initials SK],
with the intent to maim, disfigure, disable or kill."
Additional details about this offense are unknown.
November 23, 1999, the Petitioner was convicted of Malicious
Wounding in ...