In United States v. Harris, No. 18-11513 (Oct. 29,
2019) (Marcus, Julies Carnes, Paul Kelly (10th)), the Court upheld the
defendant's ACCA enhancement based on Alabama attempted first-degree assault.
The Court held that the Alabama assault offense satisfied
the elements clause. The parties disputed which alternative element
of Alabama assault was at issue. The
Court ruled out reckless assault as a matter of state law, as the Court found
that a specific intent was required. Of
the remaining two possibilities, circuit precedent had already held that
assault by causation of serious injury satisfied the elements clause, and the
same was true of attempting to commit that offense. As to assault by serious disfigurement, the
Court similarly held this offense satisfied the elements clause because it required the causation
of pain or injury.
