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· 2/28/2014

United States v. Darnell Mitchell

Citations

  • 743 F.3d 1054
  • 2014 WL 783028
  • 2014 U.S. App. LEXIS 3816

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that Tennessee robbery, under pre-1989 and post-1989 version of the statute, qualifies as an ACCA violent felony
  • holding that Tennessee robbery is a violent felony for purposes of the ACCA
  • holding that “the commission of a robbery through fear, which in Tennessee reduces to the fear of bodily injury from physical force offered or impending, directly corresponds to § 924(e)(2)(B)(i)’s ‘use . . . or threatened use of physical force’”
  • explaining that this court is “bound by” a state supreme court’s interpretation of an offense
  • explaining that Tennessee robbery, as defined in 1976, was “a crime of intent” and reading “fear” to categorically match the federal term “violent felony”
  • explaining that because the robbery crime at issue “require[d] violence actually [be] dispensed, or put[ ] the victim in fear from violence offered or impending,” such crime clearly presented the requisite level of risk under the ACCA

Source: CourtListener parenthetical corpus (CC0).

Judges: Suhrheinrich, Siler, Kethledge

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.