Legal Opinion

United States v. Kevin Battle

Court of Appeals for the Fourth Circuit

Decided June 11, 2019No. 18-6754PublishedCited by 31 opinions

1Opinion of the Court

QUATTLEBAUM, Circuit Judge:

Kevin Battle appeals from the district court's denial of his motion to vacate his sentence under 28 U.S.C. § 2255 . Battle had been sentenced as an armed career criminal under 18 U.S.C. § 924 (e) after he pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g). In his petition, Battle argues that, in light of Johnson v. United States , 559 U.S. 133 , 130 S.Ct. 1265 , 176 L.Ed.2d 1 (2010), he is not an armed career criminal because his 1991 Maryland conviction for assault with intent to murder ("AWIM") is no longer a "violent…

2Cases cited28 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Johnson v. United StatesSupreme Court of the United States · 2010
  3. Welch v. United StatesSupreme Court of the United States · 2016
  4. Moncrieffe v. HolderSupreme Court of the United States · 2013
  5. United States v. CastlemanSupreme Court of the United States · 2014

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

3Cited by31 opinions

  1. United States v. Dylann RoofCourt of Appeals for the Fourth Circuit · 2021
  2. United States v. ScottCourt of Appeals for the Second Circuit · 2021
  3. United States v. David RunyonCourt of Appeals for the Fourth Circuit · 2020
  4. United States v. Roberto Moreno PenaCourt of Appeals for the Fourth Circuit · 2020
  5. United States v. Jimmy AllredCourt of Appeals for the Fourth Circuit · 2019

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

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