In United States v. Green, No. 14-12830 (Sept. 29, 2017) (Julie Carnes, Jordan, Robreno), the Court revised its earlier panel opinion from December 2016 in light of the recent en banc decision in Vail-Bailon.
Relying on Vail-Bailon, it held that the defendant’s Florida felony battery conviction satisfied the elements clause. The panel removed its earlier holding that the “touching or striking” component of Florida battery law was divisible, and that the defendant’s offense involved a striking under the modified categorical approach.