US v. Mack: Mack violated his conditions of supervised release. At issue at his revocation hearing was whether one of the violations, committing the South Carolina offense of first-degree assault and battery, was a “crime of violence” that would enhance his advisory Guideline range. The district court concluded that it was and sentenced Mack appropriately.
On appeal, the Fourth Circuit affirmed the district court’s decision. Moving quickly past the issue of whether the offense carried a potential sentence of more than one year (it has a statutory maximum of ten), the court focused on two issues related to the force involved. First, the court concluded that because part the statute Mack violated covers offering or attempting to injure another person it could not be committed recklessly. Second, the court concluded that the force involved, that “likely to produce death or great bodily injury” was sufficient to meet the definition of “violent force” at issue.
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