DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
143444P.pdf 02/12/2016 United States v. Bralen Jordan
U.S. Court of Appeals Case No: 14-3444
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Murphy, Author, with Benton and Kelly, Circuit Judges]
Criminal case - Sentencing. Because subsection (a)(1) of Arkansas'
aggravated assault statute - Ark. Code Ann. Section 5-13-204(a)(1) - only
requires the government to prove that a defendant's conduct created a
substantial risk of death or serious physical injury it does not qualify
as a violent felony under the force clause of 18 U.S.C. Sec.
924(e)(2)(B)(i); the district court erred, therefore, in sentencing
defendant as an armed career criminal and the matter is remanded for
resentencing.