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Fourth Circuit· 10/1/2013

United States v. Thomas Royal

Citations

  • 731 F.3d 333
  • 2013 WL 5433630
  • 2013 U.S. App. LEXIS 20019

How courts have described this case

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

  • holding that Maryland’s second-degree assault statute was not divisible for purposes of determining whether prior conviction qualified as a violent felony under the Armed Career Criminal Act
  • holding that Maryland’s second-degree assault statute was not divisible for purposes of determining whether prior conviction qualified as a violent felony under the Armed Career Criminal Act
  • reasoning that, because the Maryland offense of second-degree assault has an indivisible set of elements that may be committed by either violent or nonviolent means, it does not qualify categorically as an ACCA “violent felony”
  • referring to court- approved instructions to determine whether “‘offensive physical contact’ and ‘physical harm’ are alternative elements of the completed battery form of second-degree assault”
  • turning to state law to determine whether the Maryland offense of assault was divisible and concluding that it was not
  • turning to state law to determine whether the Maryland offense of assault was divisible and concluding that it was not

Source: CourtListener parenthetical corpus (CC0).

Judges: Traxler, Diaz, Eagles, Middle

Read full opinion on CourtListener

Cited by

41 cases in this archive cite this case; the 20 most cited are listed.

Cites

23 cases in this archive are cited by this case; the 20 most cited are listed.

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.