U.S. v. Love

Dist. Ct. erred in finding that defendant did not qualify for enhanced sentencing treatment under Armed Career Criminal Act (ACCA), where defendant had prior convictions for 1994 Illinois armed robbery, 2009 federal distribution of crack cocaine, and 2015 Indiana Class D battery resulting in bodily injury. Both parties agreed that federal distribution conviction qualified for ACCA treatment, but Ct. of Appeals rejected defendant’s claim that his armed robbery conviction did not qualify for ACCA treatment because he had received restoration of rights letter with respect to said conviction, where Ct. noted that defendant did not testify that he had received any notice regarding any restoration of rights with respect to said conviction and never presented any notice alleged given to him. Moreover, defendant’s Indiana Class D battery conviction qualified as violent felony under ACCA, since: (1) under Indiana law, state needed to prove that defendant touched police officer in rude, insolent or angry manner and to prove that said touching resulted in bodily injury; and (2) if defendant’s touch resulted in bodily injury, then, by definition, said touching was capable of causing injury for purposes of qualifying as predicate offense under ACCA.