United States First Circuit

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US v. Rose, 17-1059

Affirmed a motion to vacate sentences imposed under the Armed Career Criminals Act. The four defendants argued that, in the wake of the Supreme Court's decision in Johnson v. US, 135 S. Ct. 2551 (2015), that their convictions for the Rhode Island offense of Assault with a Dangerous Weapon no longer qualified as predicate convictions triggering the ACCA's mandatory 15-year sentence. On appeal, the First Circuit agreed with them and held that the district court properly granted their motions to vacate, set aside, or correct their sentences.

Appellate Information

  • Decided
  • Published 2018/07/18


  • Torruella


  • United States First Circuit


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