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- Subject: BRAXTON v. U.S., Syllabus
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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as
- is being done in connection with this case, at the time the opinion is
- issued. The syllabus constitutes no part of the opinion of the Court but
- has been prepared by the Reporter of Decisions for the convenience of the
- reader. See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
- SUPREME COURT OF THE UNITED STATES
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- Syllabus
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- BRAXTON v. UNITED STATES
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- certiorari to the united states court of appeals for the fourth circuit
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- No. 90-5358. Argued March 18, 1991 -- Decided May 28, 1991
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- At a hearing at which petitioner Braxton pleaded guilty to assault and
- firearm counts, but not guilty to the more serious charge of attempting to
- kill a United States marshal, the Government presented facts -- to which
- Braxton agreed -- showing, inter alia, that, after each of two instances in
- which marshals kicked open his door, Braxton fired a gunshot "through the
- door opening," and the shots lodged in the door's front. Over Brax ton's
- objections, the District Court later sentenced him as though he had been
- convicted of the attempt to kill count, relying on a proviso in MDRV
- 1B1.2(a) of the U. S. Sentencing Comm'n Guidelines Manual. Although MDRV
- 1B1.2(a) ordinarily requires a court to apply the Sentencing Guideline most
- applicable to the offense of conviction, the proviso allows the court, in
- the case of conviction by a guilty plea "containing a stipulation" that
- "specifically establishes" a more serious offense, to apply the Guideline
- most applicable to the stipulated offense. The Court of Appeals upheld
- Braxton's sentence.
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- Held: The court below misapplied the MDRV 1B1.2(a) proviso. Pp. 3-7.
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- (a) This Court will not resolve the question whether Braxton's guilty
- plea "contain[ed] a stipulation" within the proviso's meaning. The
- Commission -- which was specifically charged by Congress with the duty to
- review and revise the Guidelines and given the unusual explicit power to
- decide whether and to what extent its amendments reducing sentences would
- be given retroactive effect -- has already undertaken a proceeding that
- will eliminate a conflict among the Federal Circuits over the precise
- question at issue here. Moreover, the specific controversy before the
- Court can be decided on other grounds. Pp. 3-5.
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- (b) Assuming that Braxton's agreement to the Government's facts
- constituted a "stipulation," that stipulation does not "specifically
- establis[h]" an attempt to kill, as is required by the proviso. At best,
- the stipulation supports two reasonable readings -- one that Braxton shot
- across the room at the marshals when they entered, and one that he shot
- before they entered to frighten them off. There is nothing in the latter
- reading from which an intent to kill -- a necessary element of the attempt
- to kill count -- could even be inferred. Pp. 5-7.
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- 903 F. 2d 292, reversed and remanded.
- Scalia, J., delivered the opinion for a unanimous Court.
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