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U.S. v. HOLLOWAY

Nos. 08-2273, 09-1232.

630 F.3d 252 (2011)

UNITED STATES of America, Appellee, v. Curtis HOLLOWAY, True Name: Curtis Kareem Holloway, a/k/a Curtis H. Holloway, a/k/a Curtis K. Holloway, Defendant, Appellant. United States of America, Appellee, v. Ricardo Calvo, Jr., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 21, 2011.

Attorney(s) appearing for the Case

Syrie D. Fried , Federal Defender Office, for Curtis Holloway.

Alan Jay Black , for Ricardo Calvo, Jr.

Mark T. Quinlivan , Assistant United States Attorney with whom Carmen M. Ortiz , United States Attorney, was on brief, for appellee.

Before LYNCH, Chief Judge, TORRUELLA and HOWARD, Circuit Judges.

HOWARD, Circuit Judge.

Under the Armed Career Criminal Act ("ACCA"), codified at 18 U.S.C. § 924(e), a person convicted of being a felon in possession of a firearm who also has three previous convictions for a "violent felony" is sentenced to a minimum of fifteen years in prison. The two appeals before us raise a recurring issue: whether a federal court may conclude that a conviction under Massachusetts's simple assault and battery statute qualifies as a violent...

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