United States v. Deon Dinkins

Unpublished opinions are not binding precedent in this circuit.

Deon Dinkins pled guilty to being a felon in possession of a firearm. The district court found that Dinkins’s previous state conviction for assault and battery with intent to kill did not constitute a “violent felony” under the force clause of § 924(e)(2)(B) of the Armed Career Criminal Act (“ACCA”). Accordingly, the court concluded that Dinkins did not merit an enhanced sentence. • The Government appeals. Because the force clause of § 924(e)(2)(B) mandates an increased sentence, we reverse.

I

In 2012, Dinkins pled guilty to being a…