The Fourth Circuit has affirmed a 24-month sentence imposed on revocation of supervised release, holding that its earlier decision in United States v. Mack still controls and that South Carolina first-degree assault and battery is a "crime of violence" under the Sentencing Guidelines. The defendant argued that the South Carolina Supreme Court's 2024 decision in State v. Clemons undermined Mack, but he did not raise the issue in the district court, so review was for plain error.
The panel explained that Clemons addressed different offenses and only suggested, without holding, that first-degree assault might be committed recklessly. Because one panel cannot overrule another absent untenable authority, and the statute is divisible under Mathis, the district court did not plainly err. This is a federal sentencing decision rather than an immigration case, but it applies the categorical approach that frequently arises in removability analysis.
The full text of United States v. Owens can be found here: https://www.ca4.uscourts.gov/opinions/254469.P.pdf