These summaries are not intended as legal advice. Please contact a licensed attorney to discuss the specifics of your case.
Viewing entries tagged
aggravated battery
The Fifth Circuit has rejected an argument that a Louisiana conviction for aggravated battery is not a crime of violence, finding that the appellant had not demonstrated a realistic probability that Louisiana actually prosecutes reckless conduct under the statute.
The full text of US v. Sereal can be found here: https://www.ca5.uscourts.gov/opinions/pub/23/23-30198-CR0.pdf
The Eleventh Circuit has determined that a Florida conviction for aggravated battery is divisible, and the subsection criminalizing battery using a deadly weapon is a crime of violence.
The full text of Lukaj v. Attorney General can be found here:
http://media.ca11.uscourts.gov/opinions/pub/files/201913073.pdf
The Eighth Circuit has determined that an Illinois conviction for aggravated battery on a public way is a crime of violence under the federal sentencing guidelines. The Illinois definition of simple battery is divisible between force causing bodily injury (which qualifies as a crime of violence) and insulting or provocative touching (which does not qualify as a crime of violence). Applying the modified categorical approach, the court determined that the language of the charging document indicated that the petitioner was convicted of bodily injury battery.
The full text of U.S. v. Roman can be found here:
