United States v. Windley, No. 16-1949 (1st Cir. 2017)
Annotate this CaseThe First Circuit affirmed the district court’s determination that Defendant’s prior convictions in Massachusetts state court for assault and battery with a dangerous weapon (ABDW) were not convictions for a “violent felony” under the Armed Career Criminal Act (ACCA). Defendant pleaded guilty to being a felon in possession of a firearm and was sentenced to ninety-six months’ imprisonment. The First Circuit affirmed Defendant’s sentence after following and adopting the reasoning of Bennett v. United States, slip op. at 54 (1st Cir. July 5, 2017), holding that Massachusetts reckless ABDW is not a violent felony under ACCA’s so-called “force clause.”
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