United States v. Winrow, No. 21-6069 (10th Cir. 2022)
Annotate this CaseMichael Winrow pled guilty to being a felon in possession of a firearm, which at the time of his plea. carried a maximum sentence of ten years. However, the Armed Career Criminal Act provided for a minimum term of 15 years when a defendant had three prior convictions for a “violent felony or a serious drug offense,” The district court sentenced Winrow to 188 months, concluding that he was subject to the ACCA’s enhancement because he had three qualifying predicates. Winrow argued on appeal the district court erred sentencing him: two of those convictions were for aggravated assault and battery under Okla. Stat. tit 21, § 646 (2011), and aggravated assault and battery, as Oklahoma defined it, was not categorically a violent felony, so his convictions under § 646 should not have counted as predicates. To this the Tenth Circuit agreed, remanded the case for the sentence to be vacated, and that he be resentenced without eh ACCA enhancement.
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