United States v. Braun, No. 13-15013 (11th Cir. 2015)
Annotate this CaseDefendant pled guilty to being a felon in possession of a firearm and was sentenced under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(1). On appeal, defendant objected to the district court's reliance on the 2003 Presentencing Report. Defendant argued that the Supreme Court's decisions in Shepard v. United States and Descamps v. United States precluded the Government from relying on the report. The court agreed and reversed and remanded for resentencing, holding that the Government failed to prove that two of the four felonies - aggravated battery on a pregnant woman and battery on a law enforcement officer - on which the Government relies were violent felonies. On remand, defendant may not be sentenced under the ACCA.
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