Davis v. United States, No. 17-5659 (6th Cir. 2018)
Annotate this CaseIn 2001, Davis pled guilty to possessing a firearm as a felon, 18 U.S.C. 922(g)(1). He was sentenced under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(1) based on three prior Tennessee aggravated assault convictions. Davis’s conviction and sentence were affirmed on appeal. In 2016, Davis filed a petition for habeas corpus, citing the Supreme Court’s 2015 “Johnson” holding, which invalidated ACCA’s residual clause and arguing that his aggravated assault convictions were no longer ACCA predicate crimes. The district court agreed, noting that the Sixth Circuit had already concluded in 2011 (McMurray) that reckless aggravated assault did not qualify as a violent felony under the ACCA’s use-of-force clause The court determined that Davis could have been sentenced only under ACCA’s residual clause and was entitled to “Johnson” relief. The Sixth Circuit reversed. Tennessee reckless aggravated assault, section 39-13-102(a)(1), under which Davis was convicted is a crime of violence under ACCA’s use-of-force clause. The court noted that in 2016 the Supreme Court (Voisine) overruled McMurray by holding that the ACCA’s use-of-force clause encompassed reckless conduct.
This opinion or order relates to an opinion or order originally issued on August 16, 2018.
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