U.S. v. Massaro

Full title: UNITED STATES of America, Appellee, v. James MASSARO, Defendant, Appellant

Court: United States Court of Appeals, First Circuit

Date published: May 11, 2011

421 F. App'x 4 (1st Cir. 2011)

Opinion

No. 10-1015.

May 11, 2011.

Appeal from the United States District Court for the District of Massachusetts, Nathaniel M. Gorton, U.S. District Judge.

Joseph H. Zwicker, with whom James W. Evans, Nellie E. Staley, and Choate Hall Stewart LLP were on brief, for appellant.

Mark T. Quinlivan, Assistant United States Attorney, with whom Carmen M. Ortiz, United States Attorney, was on brief, for appellee.

Before LIPEZ, Circuit Judge, SOUTER, Associate Justice,^_ and SELYA, Circuit Judge.

_ The Hon. David H. Souter, Associate Justice (Ret.) of the Supreme Court of the United States, sitting by designation.

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