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U.S. v. MACK

No. 92-3519.

53 F.3d 126 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Herbert MACK, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 30, 1995.

Attorney(s) appearing for the Case

Nancy A. Vecchiarelli, Asst. U.S. Atty. (argued and briefed), Office of the U.S. Atty., Cleveland, OH, and Sean Connelly, U.S. Dept. of Justice, Crim. Div., Washington, DC, for plaintiff-appellee.

Glen E. Billington (argued and briefed), Cleveland Heights, OH, for defendant-appellant.

Before: KENNEDY, NORRIS, and SUHRHEINRICH, Circuit Judges.

SUHRHEINRICH, Circuit Judge.

In our original decision, the court held that defendant Herbert Mack's sentence enhancement under the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924(e),1 could not be sustained because the three prior "violent felony" convictions for sexual battery under Ohio law, upon which the enhancement was based, were not "violent felonies" within the meaning of 18 U.S.C. § 924(e)(2)(B).

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