Legal Opinion

United States v. Smith

Court of Appeals for the Tenth Circuit

Decided July 13, 2011No. 10-6209PublishedCited by 28 opinions

1Opinion of the Court

O’BRIEN, Circuit Judge. *

Fred Douglas Smith pled guilty to being a felon in possession of a firearm. He appeals from the district court’s application of the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), to enhance his sentence. 1 Specifically at issue is whether an assault or battery committed by a person in custody on an employee of the Office of Juvenile Affairs is, categorically, a violent felony. We AFFIRM.

I. BACKGROUND

On September 8, 2010, Smith pled guilty in the Western District of Oklahoma to one count of felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1).…

2Cases cited9 opinions

  1. Begay v. United StatesSupreme Court of the United States · 2008
  2. Custis v. United StatesSupreme Court of the United States · 1994
  3. James v. United StatesSupreme Court of the United States · 2007
  4. Chambers v. United StatesSupreme Court of the United States · 2009
  5. Sykes v. United StatesSupreme Court of the United States · 2011

4 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Harrington v. United StatesCourt of Appeals for the Second Circuit · 2012
  2. United States v. TrentCourt of Appeals for the Tenth Circuit · 2014
  3. United States v. Ashford SpencerCourt of Appeals for the Ninth Circuit · 2013
  4. United States v. TaylorCourt of Appeals for the Tenth Circuit · 2016
  5. United States v. CantuCourt of Appeals for the Tenth Circuit · 2020

23 more not listed; retrieve them via the Exa API.

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