United States v. McMurray

The majority plainly asserts that a conviction under Tennessee’s aggravated assault statute is not a categorically violent felony. However, because binding, and indeed recent, published authority from this Circuit has explicitly held otherwise, I must dissent. I further note that even if the majority were free to correctly proceed to a modified-categorical analysis under Shepard, it fails to recognize that all of the sources approved by Shepard for consideration in a guilty plea case can be used in evaluation of an Alford plea to .the same extent as a guilty plea.

I

First, the majority plainly…