United States v. Vann

The North Carolina indecent liberties statute is singularly broad and the Shepard-approved documents are singularly unedifying. For these reasons and in these narrow circumstances, I cannot find the three predicate crimes of violence necessary to support an Armed Career Criminal Act (“ACCA”) enhancement. Because I believe too many courts are too deep in the weeds on the matter of the ACCA’s residual clause, I reluctantly feel required to write separately.

I appreciate very much the conscientious attention of my colleagues to this case. The profusion of opinions here, however, illustrates the…