United States v. Massaro ( 2011 )

Not for Publication in West's Federal Reporter
United States Court of Appeals
For the First Circuit
No. 10-1015
UNITED STATES OF AMERICA,
Appellee,
v.
JAMES MASSARO,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Nathaniel M. Gorton, U.S. District Judge]
Before
Lipez, Circuit Judge,
Souter, Associate Justice,*
and Selya, Circuit Judge.
Joseph H. Zwicker, with whom James W. Evans, Nellie E. Staley,
and Choate Hall & Stewart LLP were on brief, for appellant.
Mark T. Quinlivan, Assistant United States Attorney, with whom
Carmen M. Ortiz, United States Attorney, was on brief, for
appellee.
May 11, 2011
*
The Hon. David H. Souter, Associate Justice (Ret.) of the
Supreme Court of the United States, sitting by designation.
Per Curiam. In this sentencing appeal, appellant James
Massaro argues, inter alia, that the district court erroneously
classified his two prior Massachusetts convictions for assault and
battery as predicate "violent felon[ies]" for the purpose of
imposing a mandatory minimum sentence under the Armed Career
Criminal Act. See 18 U.S.C. § 924(e). Given our recent decision
in United States v. Holloway, 630 F.3d 252 (1st Cir. 2011), reh'g
denied, Nos. 08-2273, 09-1232 (1st Cir. Apr. 28, 2011), we vacate
Massaro's sentence and remand for further proceedings.
So ordered.
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