Holding that a Maryland first-degree assault conviction under Md. Code, Art. 27 § 12A-1 (1996) is not a "violent felony" for purposes of applying a sentencing enhancement under the Armed Career Criminal Act (ACCA). The Fourth Circuit held that the Maryland first-degree assault statute is indivisible and applied the categorical approach to the entire statute. Looking at the minimum conduct criminalized under the statute (reckless assault with a firearm), the Fourth Circuit found that Redd's conviction could not be used to qualify him for a sentencing enhancement under the ACCA because reckless conduct does not satisfy the ACCA's definition of a "violent felony."
Date of Decision
Published
