United States v. Vann

Although the en banc majority utilizes the modified categorical approach to analyze whether a prior conviction for violating North Carolina General Statute section 14-202.1 (the “Indecent Liberties Statute” or “Statute”) qualifies as an ACCA “violent felony,” I am convinced that we are required by precedent to evaluate Vann’s convictions under the Statute by sole resort to the categorical approach. Either approach produces the same result in Vann’s case, but tomorrow is another day.1 I fear that our Court’s stamp of approval on future ACCA enhancements predicated on the inappropriate…