Tennessee Intentional Aggravated Assault is ACCA Violent Felony

US v. Ogle: Ogle pleaded guilty to being a felon in possession of a firearm. The primary issue at sentencing was whether he qualified for sentencing under the Armed Career Criminal Act and, in particular, whether a 2017 conviction out of Tennessee for aggravated assault fit the definition of “violent felony.” The district court held that it was and sentenced Ogle to 210 months in prison.

On appeal, the Fourth Circuit affirmed. Agreeing with the parties that the Tennessee statute was divisible and Ogle had been convicted of the version of the offense that criminalizes the knowing commission of an assault that required “causing extremely offensive or provocative physical contact with another  . . . that involves the display of a deadly weapon.” That display of a weapon meant that the assault “necessarily” involved “a threat of violent force.” It doesn’t matter that simple assault requires only de minimis force because of the use of a weapon, with the court noting that “ACCA’s force clause . . . does not require that injury be an element of the crime . . . only the use, attempted use, or threated use of force ‘capable of causing physical pain or injury.”