USA v. Spotted Horse

FILED
UNITED STATES DISTRICT COURT MAR 3 0 2:12
DISTRICT OF SOUTH DAKOTA
NORTHERN DIVISION
UNITED STATES OF AMERICA, I:I7-CR-10005-CBK
Plaintiff,
ORDER
vs.
CHAVEZ SPOTTED HORSE,
Defendant.
Defendant was convicted ofthree counts of child abuse and three counts of assault
with a dangerous weapon. He was sentenced on January 4,2018, to a total sentence of76
months custody, with the sentence to run consecutive to the sentence of 78 months
imposed in 1:17-CR-100I3-CBK for the crime of receipt of images depicting the sexual
exploitation of minors. Defendant appealed his conviction and sentence and the United
States Court of Appeals for the Eighth Circuit affirmed. United States v. Spotted Horse.
916 F.3d 686(8th Cir. 2019). Defendant has filed a motion for review of sentence and
for the appointment of counsel.
Defendant contends that he is entitled to relief because the United States Supreme
Court, in Borden v. United States. U.S. , 141 S. Ct. 1817, 210 L. Ed. 2d 63
(2021), held that a prior criminal offense does not qualify as a violent felony under the
Armed Career Criminal Act(ACCA), 18 U.S.C. § 924(e), if the prior offense requires
only a mens rea ofrecklessness. ACCA mandates a minimum sentence of 15 years ifthe
defendant is being sentenced for certain firearms offenses after having committed three or
more prior violent felonies.
Defendant was not sentenced under ACCA. He was sentenced in this case for the
crimes of child abuse and assault with a dangerous weapon. His sentencing guideline
range was not enhanced under the career offender guideline, 18 U.S.S.G. § 4BI.I, which
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also requires a finding that defendant committed prior crimes of violence. Borden is not
applicable to defendant's offenses of conviction, nor his sentences.
Accordingly,
IT IS ORDERED that defendant's motions, Doc. 136, for review of sentence and
for the appointment of counsel are denied.
DATED this of March, 2022.
BY THE COURT:
CHARLES B. KORNMANN
United States District Judge
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