US v. Al-Muwwakkil: In 2001, Al-Muwwakkil was convicted of being a felon in possession of a firearm and sentenced under the Armed Career Criminal Act. After the Supreme Court's 2015 decision in Johnson, Al-Muwwakkil filed a 2255 motion arguing that he no longer qualified for such sentencing. The district court denied the motion, holding that Al-Muwwakkil still had enough ACCA predicates to trigger the enhanced sentence.
On appeal, the Fourth Circuit reversed. Al-Muwwakkil agreed that his two prior convictions for maiming in Virginia (all the priors discussed here were from Virginia) were ACCA priors, but argued that three others - burglary, attempted rape, and use of a firearm during an abduction did not. The court worked through each prior and agreed. As to attempted rape, the court concluded that the relevant statute was not divisible and could be committed in ways that did not require the use of violent force (including where the victim was an inmate or pupil). Applying the categorical approach, it could not be considered a violent felony. As to burglary, the court noted that under a recent immigration decision, the relevant statute was no divisible, either to the location involved (which extended beyond the "building or structure" in the generic definition of burglary) or the means of entry. Therefore, it could only qualify as a violent felony if it required the use of violent force. Because it did not, this version of burglary is not a violent felony, either. Finally, as to the abduction conviction, the court concluded that because that prior conviction had not been identified as an ACCA predicate in the original PSR, under binding precedent, the Government could not rely on it now.
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