United States Fourth Circuit

Sentence for conviction of a federal firearm charge, which included an enhancement under the Armed Career Criminal Act (ACCA), 18 U.S.C. section 924(e)(1), based in part on his prior conviction for the Virginia crime of common law robbery as a qualifying predicate 'violent felony', is vacated where conviction for Virginia common law robbery does not constitute a violent felony under the ACCA, because the full range of conduct covered by the Virginia crime does not necessarily include the use of force capable of causing physical pain or injury to another person.

Appellate Information

• Published 2017/03/13

Judges

• KEENAN

Court

• United States Fourth Circuit

Counsel