Government Failed to Prove Prior Conviction was ACCA Eligible

U.S. v. Bowler, 2011 WL 1519383 (4/22/11) (Okl.) (unpub'd) - A nice convoluted, categorical-approach Armed Career Criminal Act victory. The documents did not prove the defendant had committed a delinquent act [at the age of 12!] "involving the use or carrying of a firearm, knife or destructive device." The defendant had been charged with shooting the victim, but his stipulation indicated an amended petition had been filed pursuant to which he pleaded guilty to assault and battery with a dangerous weapon. Under state law, the dangerous weapon could have been metal "knucks," which would not qualify the defendant for the ACCA. The amended petition was not in evidence. The government didn't meet its burden to prove a prerequisite violent felony conviction. Nor did the defendant's other delinquent act qualify. He was convicted of "manufacturing," not using or carrying, an incendiary device. Manufacturing did not necessarily "involve" transporting. the device.