United States v. Tavares

ORDER OF COURT

In a timely petition for rehearing en banc, which the panel herein treats as also a petition for rehearing, see First Circuit Internal Operating Procedure X(C), Petitioner challenges, among other things, our conclusion that Massachusetts ABDW is a divisible offense with at least one elemental form that is a crime of violence. In so doing, Petitioner raises, among other contentions, an argument not made in his briefs on appeal: That, in determining whether the reckless and intentional forms of ABDW constitute alternative elements or simply alternative methods of satisfying a…