U.S. v. MASSARO, 10-1015. (2011)
Court: Court of Appeals for the First Circuit
Number: infco20110511080
Visitors: 18
Filed: May 11, 2011
Latest Update: May 11, 2011
Summary: NOT FOR PUBLICATION IN WEST'S FEDERAL REPORTER PER CURIAM. In this sentencing appeal, appellant James Massaro argues, inter alia, that the district court erroneously classified his two prior Massachusetts convictions for assault and battery as predicate "violent felon[ies]" for the purpose of imposing a mandatory minimum sentence under the Armed Career Criminal Act. See 18 U.S.C. 924(e). Given our recent decision in United States v. Holloway , 630 F.3d 252 (1st Cir. 2011), reh'g deni
Summary: NOT FOR PUBLICATION IN WEST'S FEDERAL REPORTER PER CURIAM. In this sentencing appeal, appellant James Massaro argues, inter alia, that the district court erroneously classified his two prior Massachusetts convictions for assault and battery as predicate "violent felon[ies]" for the purpose of imposing a mandatory minimum sentence under the Armed Career Criminal Act. See 18 U.S.C. 924(e). Given our recent decision in United States v. Holloway , 630 F.3d 252 (1st Cir. 2011), reh'g denie..
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NOT FOR PUBLICATION IN WEST'S FEDERAL REPORTER
PER CURIAM.
In this sentencing appeal, appellant James Massaro argues, inter alia, that the district court erroneously classified his two prior Massachusetts convictions for assault and battery as predicate "violent felon[ies]" for the purpose of imposing a mandatory minimum sentence under the Armed Career Criminal Act. See 18 U.S.C. § 924(e). Given our recent decision in United States v. Holloway, 630 F.3d 252 (1st Cir. 2011), reh'g denied, Nos. 08-2273, 09-1232 (1st Cir. Apr. 28, 2011), we vacate Massaro's sentence and remand for further proceedings.
So ordered.
FootNotes
* The Hon. David H. Souter, Associate Justice (Ret.) of the Supreme Court of the United States, sitting by designation.
Source: Leagle
