2022 Supreme(US)(ca6) 173
COURT OF APPEALS FOR THE SIXTH CIRCUIT
Dominique Wallace – Appellant
Versus
United States – Respondent
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
┐ DOMINIQUE CORDELL WALLACE, │ Petitioner-Appellant, │ > No. 20-5764 v. │ │ │ UNITED STATES OF AMERICA, │ Respondent-Appellee. │ ┘
Appeal from the United States District Court for the Middle District of Tennessee at Nashville. Nos. 3:15-cr-00098-1; 3:19-cv-01122—Aleta Arthur Trauger, District Judge.
Argued: June 8, 2022
Decided and Filed: August 5, 2022
Before: SUTTON, Chief Judge; KETHLEDGE and MURPHY, Circuit Judges. _________________
COUNSEL ARGUED: Kolya D. Glick, ARNOLD & PORTER KAYE SCHOLER, LLP, Washington, D.C., for Appellant. Cecil W. VanDevender, UNITED STATES ATTORNEY’S OFFICE, Nashville, Tennessee, for Appellee. ON BRIEF: Kolya D. Glick, John P. Elwood, Allon Kedem, Andrew T. Tutt, ARNOLD & PORTER KAYE SCHOLER, LLP, Washington, D.C., for Appellant. Cecil W. VanDevender, Philip H. Wehby, UNITED STATES ATTORNEY’S OFFICE, Nashville, Tennessee, for Appellee. _________________
OPINION _________________
MURPHY, Circuit Judge. Dominique Wallace tried to rob a convenience store just weeks after his release on probation from a three-year detention for attempted murder. This crime left an accomplice dead and a victim terribly disabled. Wallace pleaded guilty to, among No. 20-5764 Wallace v. United States Page 2
other things, discharging a firearm during a “crime of violence” that resulted in death, in violation of 18 U.S.C. § 924(j), and illegally possessing a firearm as a felon, in violation of 18 U.S.C. § 922(g)(1). In this collateral challenge, Wallace asserts that we should vacate these convictions because of a pair of decisions that the Supreme Court issued after he pleaded guilty.
Wallace is right with respect to his crime-of-violence conviction under § 924(j). In
United States v. Davis,
But Wallace is wrong with respect to his felon-in-possession conviction under
§ 922(g)(1). In Rehaif v. United States,