Okla. Battery on Peace Officer Categorically an ACCA Predicate

US v. Williams, 2009 WL 692323, 3/18/09 - Prior conviction for battery on a peace officer, a felony under Oklahoma law, counted as a crime of violence under ACCA. Defendant tried to argue that this was really a misdemeanor that was aggravated to felony status only because of the victim’s status. Wrong. First, the 10th had already held that a violation of this particular statute was categorically a crime of violence. Defendant tried to get around that by arguing that the prior opinion “because the analysis lacks sufficient specificity.” Wrong again. Battery on a cop is categorically a crime of violence under the residual clause of USSG 4B1.2(a)(2) because the statute requires the intentional use of force or violence, is similar in kind to the enumerated offenses in that it ordinarily involves purposeful, violent and aggressive conduct, and presents a similar risk as the enumerated offenses because hitting a cop creates a risk of a serious escalation in violence. Can't argue with that point.

This decision should not discourage people to continue to object to felony batteries being used as predicate violent felonies under the ACCA or "crimes of violence" under § 4B1.2. The S. Ct. will be deciding next term whether a Florida battery is a violent felony.