March 19th, 2024

USA v. Schorovsky

Docket: 23-50040
Opinion Date: March 15, 2024
Judge: Willett
Areas of Law: Criminal Law

In 2022, Richard Schorovsky pleaded guilty to being a felon in possession of a firearm, violating 18 U.S.C. § 922(g)(1). He had prior convictions in Texas for felony robbery, aggravated robbery, and burglary of a habitation. The district court determined these previous convictions were "violent felonies" committed on separate occasions, qualifying Schorovsky for sentence enhancement under the Armed Career Criminal Act (ACCA). He was sentenced to the ACCA’s mandatory minimum of 15 years of imprisonment and five years of supervised release. Schorovsky appealed, challenging his enhanced sentence and guilty plea.

The United States Court of Appeals for the Fifth Circuit affirmed the district court's decision. The court determined that the district court properly concluded that Schorovsky's previous convictions were committed on separate occasions, based on "Shepard-approved" documents, which included indictments and judgments for Schorovsky’s prior convictions. The court also ruled that Schorovsky's prior burglary-of-a-habitation conviction qualified as an ACCA predicate, as Texas Penal Code § 30.02(a) fits within the generic definition of burglary and thus qualifies as an ACCA violent felony. The court dismissed Schorovsky's argument that the district court violated his due process right to notice by finding that his burglary conviction was an ACCA violent felony, stating that Schorovsky was aware of and understood his ACCA enhancement. The court finally concluded that Schorovsky's guilty plea was knowing and voluntary, despite the district court advising him of incorrect minimum and maximum terms of imprisonment resulting from his plea.

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