United States v. Aaron Goode

── United States v. Aaron Goode ── Court: Court of Appeals for the Fourth Circuit Date: June 05, 2026 Category: General USCA4 Appeal: 24-4019 Doc: 74 Filed: 06/05/2026 Pg: 1 of 16 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 24-4019 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. AARON ALBERT GOODE, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:21-cr-00334-D-1) Argued: March 20, 2026 Decided: June 5, 2026 Before KING, WYNN, and RUSHING, Circuit Judges. Affirmed by published opinion. Judge Wynn wrote the opinion, in which Judge King and Judge Rushing joined. ARGUED: Stephen J. van Stempvoort, MILLER JOHNSON, Grand Rapids, Michigan, for Appellant. Katherine Simpson Englander, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. ON BRIEF: W. Ellis Boyle, United States Attorney, Lucy Partain Brown, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. USCA4 Appeal: 24-4019 Doc: 74 Filed: 06/05/2026 Pg: 2 of 16 WYNN, Circuit Judge: The Armed Career Criminal Act (“ACCA”) authorizes enhanced penalties where a defendant’s prior convictions qualify as violent felonies within the meaning of 18 U.S.C. § 924(e). Aaron Albert Goode argues on appeal that one of his predicate convictions— North Carolina second-degree murder—does not qualify as a “violent felony” under the ACCA. In response, the Government initially defended the merits of this challenge, only raising the issue of Goode’s appeal waiver in a subsequent filing. Because the Government elected to litigate the merits of this appeal first, its subsequent reliance on the appeal waiver was forfeited. Nevertheless, upon review of the merits of Goode’s argument, we conclude that second-degree murder categorically qualifies as a violent felony. Accordingly, we affirm Goode’s sentence. I. A. In 2021, Goode pleaded guilty under a written plea agreement to three counts: conspiracy to distribute heroin, cocaine, and fentanyl, see 21 U.S.C. §§ 841(b)(1)(A), 846; possession with intent to distribute fentanyl, see 21 U.S.C. § 841(a)(1), (b)(1)(C); and unlawful possession of a firearm by a felon, see 18 U.S.C. § 922(g)(1). As part of his plea agreement, Goode agreed to waive his right to appeal the convictions or his sentence on any ground other than ineffective assistance of counsel or prosecutorial misconduct. 2 USCA4 Appeal: 24-4019 Doc: 74 Filed: 06/05/2026 Pg: 3 of 16 Before sentencing, the U.S. Probation Office prepared a presentence investigative report. Goode’s conviction under 18 U.S.C. § 922(g) prompted analysis under the ACCA, which mandates a minimum sentence of fifteen years for any person who violates § 922(g) and who “has three previous convictions . . . for a violent felony or a serious drug offense, or both.” 18 U.S.C. § 924(e)(1). The Probation Office determined that three of Goode’s prior North Carolina convictions qualified as violent felonies under the ACCA: a conviction for two counts of robbery with a dangerous weapon, a later conviction for robbery with a dangerous weapon, and a convi