In United States v. Gary, No. 21-13249 (July 21, 2023) (Wilson, Luck, Hull) (per curiam), the Court held upheld the defendant’s ACCA sentence.
The Court held that Florida aggravated assault qualified as a “violent felony” under the ACCA’s elements clause. The Court relied on its decision in Somers, which reached that same conclusion after the Florida Supreme Court held that simple assault could not be committed recklessly. Therefore, the offense remained a qualifying predicate notwithstanding the Supreme Court’s decision in Borden.
