United States Sixth Circuit

Defendant's sentence for possession of a firearm by a felon is vacated where the district court erred by employing the categorical approach when determining whether statutory rape consitutes a predicate "violent felony" under the Armed Career Criminal Act.

Appellate Information

• Decided 06/13/2005
• Published 06/13/2005

Judges

• Before:  MOORE and GIBBONS, Circuit Judges;  EDMUNDS, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED: Robert D. Little, Law Office of Robert Little, Maplewood, New Jersey, for Appellant. Paul M. O'Brien, Assistant United States Attorney, Nashville, Tennessee, for Appellee. ON BRIEF: Robert D. Little, Law Office of Robert Little, Maplewood, New Jersey, for Appellant. J. Gabriel Banks, Assistant United States Attorney, Nashville, Tennessee, for Appellee. Tyrice L. Sawyers, Atlanta, Georgia, pro se.