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Florida Battery Offense Not a "Violent Felony" under ACCA

By FindLaw Staff on March 02, 2010 6:29 PM

In Johnson v. US, No. 08-6925, a circuit court of Appeals upheld defendant's sentence for possession of ammunition by a convicted felon, which was enhanced under the Armed Career Criminal Act.

As the Court wrote:  "We decide whether the Florida felony offense of battery by "[a]ctually and intentionally touch[ing]" another person, Fla. Stat. § 784.03(1)(a), (2) (2003), "has as an element the use . . . of physical force against the person of another," 18 U. S. C. §924(e)(2)(B)(i), and thus constitutes a "violent felony" under the Armed Career Criminal Act, §924(e)(1)."

The Court reversed on the ground that the Florida felony offense of battery by actually and intentionally touching another person does not have as an element the use of physical force against the person of another, and thus does not constitute a violent felony under 18 U.S.C. section 924(e)(1).

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