United States v. Parnell

Defendant was found guilty of unlawful possession of a firearm and sentenced under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e). The court agreed with defendant that his prior 1990 conviction for armed robbery under a Massachusetts statute is an offense that does not have “as an element the use, attempted use, or threatened use of physical force against the person of another.” Under the categorical approach, a conviction under the Massachusetts statute does not qualify as a violent felony under the ACCA’s force clause. Given that neither this conviction nor defendant’s 1989 conviction for assault and battery by dangerous weapon qualifies as a violent felony, the district court erred by sentencing him as an armed career offender. View "United States v. Parnell" on Justia Law