United States v. Hemingway, No. 12-4362 (4th Cir. 2013)
Annotate this CaseDefendant pleaded guilty to being a felon in possession of a firearm and ammunition and was sentenced under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e). On appeal, defendant argued that the district court erred in relying on his 2002 South Carolina conviction for the common law crime of assault and battery of a high and aggravated nature (ABHAN) to impose a mandatory fifteen-year minimum. The court concluded that ABHAN was not categorically a violent felony and that the modified categorical approach played no part in this matter. Accordingly, the court vacated and remanded for resentencing.
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