United States v. Fish, No. 12-1791 (1st Cir. 2014)
Annotate this CaseAppellant was charged with possessing body armor after having been convicted of a “crime of violence” as defined by 18 U.S.C. 16. The crimes that Appellant was previously convicted of under Massachusetts law included breaking and entering in the daytime, breaking and entering at night, assault and battery with a dangerous weapon, and possession of a burglarious instrument. The district court ruled that, at a minimum, Appellant’s convictions for breaking and entering satisfied the requirements of section 16. Appellant entered a condition guilty plea to the offense, reserving the right to challenge the determination that he had previously been convicted of a crime of violence. The First Circuit Court of Appeals reversed Appellant’s conviction, holding that none of the crimes for which Appellant was previously convicted, as defined under Massachusetts law, qualified as a crime of violence under section 16.
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