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U.S. v. RIVERA

No. 07-2675.

562 F.3d 1 (2009)

UNITED STATES of America, Appellee, v. Pablo RIVERA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 30, 2009.

Attorney(s) appearing for the Case

Martin J. Vogelbaum, with whom Charles P. McGinty and Federal Defender Office, were on brief, for appellant.

Mark T. Quinlivan, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee.

Before BOUDIN, JOHN R. GIBSON, and HOWARD, Circuit Judges.

HOWARD, Circuit Judge.

This case presents a recurring issue: whether, for purposes of sentencing a defendant under the Armed Career Criminal Act (ACCA)1, the charging language "did assault and beat" in a Massachusetts state court criminal complaint establishes, in the absence of any other cognizable source of information, that a defendant committed the type of assault and battery under Massachusetts law that qualifies as a "violent felony...

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