United States v. Jones

Defendant appealed the district court's denial of his 28 U.S.C. 2255 motion to vacate, set aside, or correct his sentence, which was imposed more than ten years ago in 2008. The Fourth Circuit vacated and remanded, holding that defendant's prior South Carolina felony conviction for assaulting, beating, or wounding a law enforcement officer while resisting arrest was not a violent felony predicate under the Armed Career Criminal Act because it could be committed without the use, attempted use, or threatened use of violent physical force. Therefore, defendant did not have the three predicate convictions required to be properly designated as an armed career criminal. View "United States v. Jones" on Justia Law