United States v. Davis

Alabama's first degree sexual abuse statute, as interpreted by the Alabama Supreme Court, does not necessarily include as an element the use, attempted use, or threatened use of violent physical force. Defendant appealed his sentence after being convicted of being a felon in possession of a firearm. The Eleventh Circuit held that the district court erred in concluding that defendant's prior Alabama conviction for first degree sexual abuse was a violent felony under the Armed Career Criminal Act's, 18 U.S.C. 924(e), elements clause. Accordingly, the court vacated defendant's sentence and remanded for resentencing. View "United States v. Davis" on Justia Law