United States v. Jordan, No. 14-3444 (8th Cir. 2016)
Annotate this CaseDefendant pled guilty to being a felon in possession and subsequently appealed his 180 month sentence under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), based on three prior violent felony convictions. The court concluded that the district court erred by concluding that defendant's aggravated assault conviction was a violent felony and sentencing him as an armed career criminal. In this case, subsection (a)(1) of Arkansas' aggravated assault statute only requires the government to prove that a defendant's conduct created "a substantial danger of death or serious physical injury" and therefore it does not qualify as a violent felony under the force clause of section 924(e)(2). Accordingly, the court vacated the sentence and remanded for resentencing.
Court Description: Murphy, Author, with Benton and Kelly, Circuit Judges] Criminal case - Sentencing. Because subsection (a)(1) of Arkansas' aggravated assault statute - Ark. Code Ann. Section 5-13-204(a)(1) - only requires the government to prove that a defendant's conduct created a substantial risk of death or serious physical injury it does not qualify as a violent felony under the force clause of 18 U.S.C. Sec. 924(e)(2)(B)(i); the district court erred, therefore, in sentencing defendant as an armed career criminal and the matter is remanded for resentencing.
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