US v. Redd: In 2008, Redd was convicted of being a felon in possession of a firearm and sentenced to the 180-month statutory maximum under the Armed Career Criminal Act. Two of the prior convictions that served as ACCA predicates were convictions from Maryland for first-degree assault. In 2016, Redd filed a second 2255 motion arguing that those convictions no longer met the definition of “violent felony” under ACCA. The district court denied relief, holding that because the Fourth Circuit affirmed the sentence on direct appeal Redd’s argument was foreclosed.
On appeal, the Fourth Circuit reversed the denial of relief for Redd. Examining the statutory text of the applicable Maryland statute, the court concluded that it was indivisible, setting out only one offense. The conclusion was reinforced by how Maryland courts had dealt with the statute and by charging practices for that offense. Looking to the elements of the offense, the court first concluded that the offense could be committed recklessly, as it was merely second-degree assault (simple common-law assault) “plus a statutorily defined aggravating factor, such as the use of a firearm.” The court then concluded that there was no added mens rea requirement related to the aggravating factor. Thus, the court ultimately concluded that the offense was not a violent felony.
Judge Quattlebaum concurred, but got “there following a slightly different path.”
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