United States First Circuit

A defendant's challenge to his sentence as a career offender is affirmed, where the defendant had two predicate felony convictions for crimes of violence, since, regardless of whether there was plain error in the district court's finding that his adult conviction for assault and battery under Mass. Gen. Laws ch. 265, section 13A, qualified as a crime of violence, the defendant could not overcome the prejudice prong of the plain error test because he made no argument that the assault and battery was anything other than the harmful type.

Appellate Information

• Decided 04/12/2012
• Published 04/12/2012

Judges

• Stahl

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Paul Camarena, John A. Wortmann, Jr.