United States Fourth Circuit

Reset A A Font size: Print

US v. Hemingway, 12-4362

The trial court's ruling that defendant's prior conviction for the common law crime of assault and battery of a high and aggravated nature (ABHAN) to impose the mandatory fifteen year minimum sentence under the Armed Career Criminal Act for his current conviction of being a felon in possession of a firearm and ammunition, is vacated and remanded for resentencing, where: 1) ABHAN is not categorically a violent felony; and 2) the modified categorical approach is not applicable in this matter.

Appellate Information

  • Decided 10/31/2013
  • Published 10/31/2013

Judges

  • KING

Court

  • United States Fourth Circuit

Counsel

Copied to clipboard