Georgia Criminal Lawyer Blog

The U.S. Court of Appeals for the Eleventh Circuit’s judgment upholding a sentence for possession of ammunition by a convicted felon, which was enhanced under the Armed Career Criminal Act, is reversed where the Florida felony offense of battery by actually and intentionally touching another person does not have as an element the use of physical force against the person of another, and thus does not constitute a violent felony under 18 U.S.C. section 924(e)(1).

The Supreme Court released its opinion in Johnson v. United States, no. 08-6925, reversing the Eleventh Circuit and finding that because the Florida offense of battery by offensive touching does not require the use of physical force, it does not qualify as an ACCA predicate under 935(e)(2)(B)(i).

The Court held that it was bound by the Florida Supreme Court’s interpretation of the statutory elements of the offense, an important ruling for anyone dealing with state offenses that have been narrowed by the state’s courts. The Court defined “physical force” for purposes of ACCA as requiring “violent force — that is, force capable of causing physical pain or injury to another.” The Court refused to remand to allow the government to argue that the battery satisfied 924(e)92)(B)(ii)’s residual “otherwise” clause, because the government had previously disclaimed reliance on that provision at sentencing.

Posted by Richard Grossman

Read Johnson v. United States http://www.supremecourtus.gov/opinions/09pdf/08-6925.pdf

Firearms Offenses