June 01st, 2017

​U.S. Court of Appeals for the Fifth Circuit Opinions
United States v. Massey

Docket: 16-10438
Opinion Date: May 31, 2017
Judge: James L. Dennis
Areas of Law: Criminal Law

Defendant pleaded guilty to knowingly possessing a firearm as a convicted felon and the district court sentenced him under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), based on a prior Texas felony conviction under section 38.14 of the Texas Penal Code. The Fifth Circuit affirmed the district court's judgment and held that the caselaw defendant presented -- Dobbs v. State, and Finley v. State -- did not definitely calibrate the amount of force required for a violation of resisting arrest under section 38.03, and there was no indication that the definition of force was intended to apply outside of section 38.03. The court held that section 38.14 has as an element the "threatened use of force" and qualifies as a violent felony under the ACCA.