State v. Watson ( 2022 )

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
STATE OF DELAWARE, )
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v. )
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KHALIF WATSON, ) ID NO. 1703002846 A & B
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Defendant. )
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Date Decided: October 26, 2022
Upon the Defendant’s Motion for Correction of Illegal Sentence. DENIED.
ORDER
John S. Taylor, Esquire, Deputy Attorney General, Delaware Department of
Justice, Wilmington, Delaware, 19801, Attorney for the State of Delaware.
Khalif Watson, Pro Se.
SCOTT, J.
1
This 26th day of October 2022, upon consideration of Defendant’s Motion for
Correction of an Illegal Sentence pursuant to Superior Court Criminal Rule 35, it
appears that:
1. Defendant Khalif Watson (“Watson”) has filed a pro se Motion for
Correction of an Illegal Sentence (“Motion”), pursuant to Superior Court
Criminal Rule 35. Watson raised one ground for relief in the instant Motion:
his sentence to Possession of a Firearm by a Person Prohibited was illegally
enhanced from 5 years to 10 years Level V due to his 2012 Federal Firearm
conviction. For the reasons set forth below, Watson’s Motion is DENIED.
2. On August 17, 2018, the Court sentenced Watson. Watson’s Motion rests
on his sentence for PFBPP. For this charge, the Court sentenced Watson to
ten (10) years at Level V. Watson argues the Court improperly enhanced his
sentence from five (5) years at Level V to ten (10) years because it improperly
categorized his Federal Firearm conviction was a “violent offense” under the
PFBPP statute. Watson argues under Federal Law, his Federal Firearm
conviction is considered “non-violent,” therefore, this Court cannot consider
the conviction to enhance his state conviction.
3. We agree 11 Del. C. § 1448(c) explains how this Court should properly
determine what is to be considered a “violent felony” under the law of this
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State. The Court, however, disagrees with Watson in his interpretation of such
statute. Section 1448(e)(3) reads “For the purposes of this subsection, “violent
felony” means any felony so designated by § 4201(c) of this title, or any
offense set forth under the laws of the United States, any other state or any
territory of the United States which is the same as or equivalent to any of the
offenses designated as a violent felony by § 4201(c) of this title.”1 The
conjunction contained in this section indicates an offense under the laws of
the United States, such as Watson’s Federal Firearm conviction, may be
considered a violent felony in this State if that Federal conviction is the same
as or equivalent to any offense designated as a violent felony in this State.
4. Here, to determine whether Watson’s Federal Firearm Conviction is the
same or equivalent to a violent felony in this State, the Court looks to the
statutory definitions and elements of the crime. Under 18 U.S.C.A. §
922(g)(1), the section Watson was found to have violated in Federal Court,
the government must have proven that (1) Watson possessed a firearm, (2)
Watson had a prior felony conviction, and (3) the firearm was possessed in or
affecting interstate commerce2 for Watson to have been charged with
Unlawful Possession of a Firearm by a Convicted Felon.
1
11 Del. C. § 1448(c) (emphasis added).
2
United States v. McFadden, 238 F.3d 198, 200 (2d Cir. 2001).
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5. In Delaware, the most similar crime to Watson’s Federal conviction is the
same crime he was sentenced for in this matter: PFBPP. Under Delaware Law,
the State must have proven (1) a defendant was a prohibited person and (2)
knowingly possessed a firearm. A prohibited person, under these facts, is an
individual who has been convicted of a felony.3 Therefore, the elements
proven for Watson’s Federal Unlawful Possession of a Firearm by a
Convicted Felon conviction are equivalent to PFBPP conviction. 11 Del. C. §
4201(c) designates PFBPP as a violent felony. Therefore, under 11 Del. C. §
1448(e)(3), this Court was entitled to treat Watson’s Federal Firearms
conviction as a violent felony for purposes of enhancement of Watson’s
sentence.
For the reasons set forth above, the Defendant’s Motion for Correction of an
Illegal Sentence is DENIED.
IT IS SO ORDERED.
/s/ Calvin L. Scott
Judge Calvin L. Scott, Jr.
3
11 Del. C. § 1448(a)
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