United States v. Faust, No. 14-2292 (1st Cir. 2017)Annotate this Case
Defendant entered a conditional guilty plea to being a felon in possession of ammunition. The district court found that Defendant’s prior convictions for resisting arrest and assault and battery of a police officer (ABPO) subjected Defendant to an enhancement of his sentence under the Armed Career Criminal Act (ACCA). In so finding, the judge stated that he felt bound by First Circuit precedent: United States v. Carrigan, United States v. Weekes, and United States v. Dancy. The First Circuit affirmed in part and remanded in part, holding (1) the district court properly denied Defendant’s motion to suppress ammunition that was obtained pursuant to a search warrant; (2) the district court did not err in denying Defendant’s motion to suppress statements he made to police during a station house interview; and (3) because Carrigan and Weekes have been called into question by the Supreme Court, and because Dancy relied upon a portion of 18 U.S.C. 924(e) that has since been deemed unconstitutionally vague, the questions previously determined by those cases of whether the Massachusetts offenses of resisting arrest and ABPO qualify as violent felonies under the ACCA must be returned.