United States v. Daniels

SIDNEY A. FITZWATER, UNITED STATES DISTRICT JUDGE

The principal question presented by defendant's motion to dismiss the indictment is whether, under the modified categorical approach, § 39-13-101(a)(2) of the Tennessee assault statute, which is incorporated into the Tennessee domestic assault statute, "has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon," as required to qualify as "a misdemeanor crime of domestic violence" under 18 U.S.C. § 922(g)(9). Concluding that the use or attempted use of physical force or the threatened use of a…