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U.S. v. Fernandez, No. 06-1655 (1st Cir.) (121 F.3d 777) (August 6, 1997) (Judge Steven J. McAuliffe)

The defendant in this case argued that a prior assault and battery conviction should not have been counted in deciding his career offender status, because neither violence, nor the use of force, was an essential element of the Massachusetts crime for which he had earlier been convicted.

The First Circuit ...

 

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