United States v. Greer, No. 19-11348 (5th Cir. 2021)
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On remand from the Supreme Court in light of Borden v. United States, 141 S. Ct. 1817, 1834 (2021), which held that offenses involving a mens rea of recklessness do not qualify as violent felonies under the Armed Career Criminal Act (ACCA), the Fifth Circuit vacated defendant's sentence and remanded for reconsideration. The court remanded because the district court did not have the benefit of this intervening Supreme Court authority at sentencing, resulting in an erroneous guidelines calculation, and because the Government has failed to show that
the error was harmless.
This opinion or order relates to an opinion or order originally issued on May 27, 2020.
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