U.S. Court of Appeals for the First Circuit, 2011

United States v. Massaro

United States v. Massaro
U.S. Court of Appeals for the First Circuit · Decided May 11, 2011 · Lipez, Souter, Selya
421 F. App'x 4

United States v. Massaro

Opinion

PER CURIAM.

In this sentencing appeal, appellant James Massaro argues, inter alia, that the district court erroneously classified his two prior Massachusetts convictions for assault and battery as predicate “violent felonies]” for the purpose of imposing a mandatory minimum sentence under the Armed Career Criminal Act. See 18 U.S.C. § 924(e). Given our recent decision in United States v. Holloway, 630 F.3d 252 (1st Cir. 2011), reh’g denied, Nos. 08-2273, 09-1232 (1st Cir. Apr. 28, 2011), we vacate Massaro’s sentence and remand for further proceedings.

So ordered.

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