The Court of Appeals Held That the Indiana Felony of Battery in the Presence of a Child Constituted a Violent Felony Under the Residual Clause of the ACCA

Seventh Circuit Criminal Case Summaries: Sentencing - Crimes of Violence/Violent Felonies

United States v. Johnson, No. 13-3172. Johnson was convicted of being a felon in possession of a firearm and the district court determined he was an Armed Career Criminal and imposed a mandatory minimum sentence of 180 months. He argued on appeal that his conviction in Indiana for battery in the presence of a child should not be counted as a violent felony under the ACCA. Relying on United States v. Sykes, the Court held that domestic battery is at least as dangerous to purse snatch or attempted burglary and is properly classified as a violent felony under the residual clause of § 924(e)(2)(B)(ii).