United States v. McMurray, No. 09-5806 (6th Cir. 2011)
Annotate this CaseDefendant, convicted as a felon-in-possession-of-a-firearm (18 U.S.C. 922(g)(1)), was sentenced to 180 months in prison, the statutorily mandated minimum under the Armed Career Criminal Act, 18 U.S.C. 924(e). A Presentence Investigation Report concluded that he had been convicted of three prior violent felonies, noting Tennessee convictions for aggravated assault in 1986, armed robbery in 1987, and aggravated assault in 1993. The Sixth Circuit vacated and remanded for re-sentencing. Aggravated assault is not a categorical "violent felony" under the Tennessee statute, which encompasses reckless physical force, and available documents concerning defendant's plea to the charge did not establish that the nature of the particular offense qualified as a violent felony.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.