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'Serious Bodily Injury' Agg Assault Held Not to Qualify as ACCA Predicate

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

In United States v. Anthony Mayo, No. 16-4282 (Aug. 22, 2018), the Court holds that first-degree aggravated assault in violation of Section 2702(a)(1) of Pennsylvania?s Crimes Code does not qualify as a predicate ?violent felony? for purposes of the 15-year mandatory minimum provided by the Armed Career Criminal Act.Before Johnson v. United States, 135 S. Ct. 2551 (2015), the Pennsylvania assault offense was thought to qualify under the so-called ?residual clause? of ACCA?s definitional provision, which looks to whether the elements of an offense ordinarily involve conduct presenting ?a serious potential risk of physical injury to another.? Johnsonhaving held the residual clause to be unconstitutionally vague, the Pennsylvania offense cannot qualify as a predicate unless it meets the ACCA?s alternative definition of a violent felony as an offense having as an element the use or threat of "physical force against the person of another...continue to full post

Full post as published by Third Circuit Blog on August 23, 2018 (boomark / email).