Indirect Force Enough to Sustain ACCA Sentence

US v. Reid: Reid was convicted of being a felon in possession of a firearm. He had three prior conviction in Virginia for inflicting bodily injury on a correctional officer. The district court concluded that these were "violent felonies" for ACCA purposes and sentenced Reid to 15 years in prison.

The Fourth Circuit affirmed the sentence. Applying the categorical approach, the court concluded that the Virginia offense was a violent felony and, therefore, the ACCA mandatory minimum was triggered. It rejected Reid's argument that although the offense requires the causing of bodily injury, it did not meet the meaning of "force" (as the Supreme Court set forth in 2010's Johnson) because such injuries could be sustained by "indirect means." In other words, Reid relied on Torres-Miguel and it's conclusion that just because an offense requires a particular level of energy does not mean it has an element requiring the use of force. The court adopted the Government's position that the Supreme Court's decision in Castleman eclipses Torres-Miguel ("while the holding may still stand . . . it's reasoning can no longer support" the argument) and, therefore, indirect force is good enough. The court cites Irby, but does note that it doesn't apply directly to ACCA. Again, there doesn't seem to be any engagement with the idea that the language of Castleman (and Voisine) itself limits its reach to misdemeanor crime of domestic violence situations.