Tuesday, October 11, 2011

Fourth Circuit -- US v. Torrell Vann

Majority per curiam - For purpose of modified categorical analysis of priors, where the wording of the plea/indictment tracks two sections of the statute, the deft does not necessarily plead to violating both.

Concurrence - Categorical approach mandatory & dispositive.  Statute isn't an ACCA predicate.

Concurrence - Residual priors a hopeless muddle under Taylor.

Concurrence - Categorical required, as elements of statute aren't cleanly divisible.

Concurrence - Although the state supreme ct. has held the statute to be a single offense, plain text reading of statute reveals the disjunctive elements.

Concurrence - statute too broad, Shepard docs unilluminating.

C/D - Modified categorical = valid predicate.

US v. Torrell Vann
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.