As a convicted felon, Charles Borden Jr. was in violation of 18 U.S.C. § 922(g)(1) when caught at a traffic stop with a pistol. Under the Armed Career Criminal Act, Borden was sentenced to nine years and seven months imprisonment. The U.S. District Court for the Eastern District of Tennessee relied on the 6th Circuit Court's decision in United States v. Verwiebe as precedent; however, Borden argued that his due process protections were violated in the application of Verwiebe. Borden argued that one of his previous felonies - reckless aggravated assault - did not qualify as a violent felony under the use of force clause. The 6th Circuit retroactively applied the precedent that reckless aggravated assault does constitute a violent crime, and classified Borden as an armed career criminal. The Court of Appeals affirmed.
Kent Scheidegger, Legal Director & General Counsel, Criminal Justice Legal Foundation
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