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Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes

Loaded on May 15, 2024 by Douglas Ankney published in Criminal Legal News May, 2024, page 18
Filed under: U.S. Sentencing Guidelines, Career Offenders, Recidivist Enhancements. Location: Maryland.

by Douglas Ankney

The U.S. Court of Appeals for the Fourth Circuit held that Maryland’s first-degree assault statute, Md. Code, Art. 27 § 12A -1, is indivisible, and a conviction thereunder is not a “violent felony” for purposes of the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e).

In 2008, Garfield ...

 

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  1. Stinging Back: Resisting Government Surveillance of Cellphones, by Anthony Accurso
  2. Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them, by Douglas Ankney
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  4. Tech Monopolies Prevent Effective Privacy Laws in the U.S., by Anthony Accurso
  5. California AB 2773 Requires Police to State Reason for Traffic Stops Before Questioning, by Jo Ellen Nott
  6. Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes, by Douglas Ankney
  7. Report Finds Bad Forensic Evidence Leads to More Wrongful Convictions and Establishes Forensic Errors Typology, by Matthew Clarke
  8. Washington Supreme Court: Nonexceptional Consecutive Terms of ‘Community Custody’ May Not Exceed Aggregate Term of 24 Months, by Sam Rutherford
  9. SCOTUS: Reiterates Jury Verdict of Acquittal for Any Reason Bars Retrial Under Double Jeopardy Clause of Fifth Amendment, by Richard Resch
  10. FBI Visit to Oklahoma Woman in Response to Social Media Post Sparks Debate on Free Speech, by Jo Ellen Nott
  11. California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Evidentiary Hearing Under Felony Murder Resentencing Law, by David Reutter
  12. De-Identified Is Not Anonymous, by Michael Thompson
  13. The Police Have a Dark Money Slush Fund, by Katya Schwenk
  14. Police Body Cameras, A Decade Later, by Anthony Accurso
  15. Criminal Justice Reform Becoming a Corporate Priority, by David Reutter
  16. Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means, by Douglas Ankney
  17. More Facial Recognition Failures, by Michael Thompson
  18. California Supreme Court: Jury’s Finding of Intent to Kill for Gang Enhancement, Standing Alone, Insufficient to Find Prisoner Failed to State a Prima Facie Case in § 1172.6 Petition for Resentencing on First-Degree Murder Conviction, by Douglas Ankney
  19. Non-Toxic Fluorescent Spray Reveals Fingerprints in Seconds, by Douglas Ankney
  20. Use of Solitary Confinement on the Rise in ICE Facilities, by Anthony Accurso
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  23. Retraction: ‘Federal Habeas Corpus: The Savings Clause Remedy for Federal Prisoners’ by Dale Chappell
  24. The Death of the Savings Clause, by Dale Chappell
  25. First Circuit: Defendant’s Statement ‘I guess I’ll wait until I have a lawyer’ Is Unequivocal Invocation of Right to Counsel, by Sam Rutherford
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