In United States v. Moss, 17-10473 (July 22, 2021) (en banc), the Court vacated its order granting rehearing en banc, and reinstated the panel’s opinion in light of the Supreme Court’s opinion in Borden v. United States, 141 S. Ct. 1817 (2021).

The reinstated panel opinion held that Georgia aggravated assault did not satisfy the elements clause of the ACCA because it could be committed recklessly.