United States v. Kevin Battle
Court of Appeals for the Fourth Circuit
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
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