United States v. Green, No. 14-12830

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.

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In United States v. Dudley, No. 19-10267 (July 22, 2021) (Newsom, Branch, Ray (N.D. Ga.)), the Court affirmed the defendant's ACCA-enhanced sentence.  Judge Branch delivered the opinion of the Court, in which Judge Ray joined, and Judge Newsom joined in all but Part III.A. On appeal, defendant argued that he was not ACCA because there was insufficient [...]

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2018-03-06T22:04:37+00:00September 29th, 2017|
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