Damon v. United States

HOWARD, Circuit Judge.

After James Damon pleaded guilty to possession of a firearm by a felon, the district court determined that he had two prior felony convictions for a crime of vio lence and a controlled substance offense and accordingly sentenced him under a higher Guideline range. Two years later, in the wake of the Supreme Court’s decision in Johnson v. United States, 559 U.S. 133, 130 S.Ct. 1265, 176 L.Ed.2d 1 (2010), we held in United States v. Holloway, 630 F.3d 252 (1st Cir.2011), that a Massachusetts conviction for assault and battery— one of Damon’s two prior convictions on which…