US v. Massaro, No. 10-1015 (1st Cir. 2011)

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Not for Publication in West's Federal Reporter United States Court of Appeals For the First Circuit No. 10-1015 UNITED STATES OF AMERICA, Appellee, v. JAMES MASSARO, Defendant, Appellant. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Nathaniel M. Gorton, U.S. District Judge] Before Lipez, Circuit Judge, Souter, Associate Justice,* and Selya, Circuit Judge. Joseph H. Zwicker, with whom James W. Evans, Nellie E. Staley, and Choate Hall & Stewart LLP were on brief, for appellant. Mark T. Quinlivan, Assistant United States Attorney, with whom Carmen M. Ortiz, United States Attorney, was on brief, for appellee. May 11, 2011 * The Hon. David H. Souter, Associate Justice (Ret.) of the Supreme Court of the United States, sitting by designation. Per Curiam. In this sentencing appeal, appellant James Massaro argues, inter alia, that the district court erroneously classified his two prior Massachusetts convictions for assault and battery as predicate "violent felon[ies]" for the purpose of imposing a mandatory minimum sentence under the Armed Career Criminal Act. See 18 U.S.C. ยง 924(e). Given our recent decision in United States v. Holloway, 630 F.3d 252 (1st Cir. 2011), reh'g denied, Nos. 08-2273, 09-1232 (1st Cir. Apr. 28, 2011), we vacate Massaro's sentence and remand for further proceedings. So ordered. -2-