United States v. Herbert Mack

SUHRHEINRICH, Circuit Judge.

In our original decision, the court held that defendant Herbert Mack’s sentence enhancement under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e), 1 could not be sustained because the three prior “violent felony” convictions for sexual battery under Ohio law, upon which the enhancement was based, were not “violent felonies” within the meaning of 18 U.S.C. § 924(e)(2)(B). 2 United States v. Mack, 8 F.3d 1109 (6th Cir.1993) (per curiam). The government filed a petition for rehearing en banc, and on January 10, 1994, the full court agreed to hold the…