The definition of "violent felony" in ACCA has recently been interpreted by the United States Supreme Court in Begay v. United States and in Chambers v. United States.
In that these are federal charges, one would assume an attorney will need to be retained or appointed.
Given the complexity of such matters AND how fact specific things can be, you'd be best served speaking with an attorney.
NOTE: Although a response is provided to the specific question, there may be other facts and law relevant to the issue. The questioner should not base any decision on the answer and is specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background. NOTE: There may be other facts and law relevant to the issue. Readers should not base any decision on the;information provided herein and are specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background WHY: The content herein is provided for educational purposes and should not be inferred as applying only to DWI / DUI criminal defense. In fact, it may be equally relevant to claims of personal injury involving accidents and the consumption of alcohol or more simply, to the daily practice of law. Bill Powers lectures on such issues on a regular basis with the intent to educate, to be fair, to be accurate and to encourage, open, honest and scientific discussion on the subject. Attorney Bill Powers did NOT represent the Defendant in the particular cause of action.
Prior counsel gave a competent answer., You should call him for a free consultation.
If he is not available or too far away, seek out an experienced criminal litigator for a free consultation. A good place to start is by going to the website for the National Association of Criminal Defense Lawyers (NACDL.org) Clicking on this link will take you to the part of their site that links you to a map of the US where you can click on your jurisdiction to find an affiliate local organization. There is also a link to find members of NACDL near you. Meet several that offer free consultation. Hire one that you feel comfortable with and you can afford. There is no confidentiality online.
NACDL Local affiliates: https://www.nacdl.org/About.aspx?id=20400
NACDL local members: https://www.nacdl.org/impak/cms/members_online/members/findalawyer.asp
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Talk to your lawyer about this. There are a number of issues involved in the determination, including the decisions of the court of appeals in your district on similar cases. You should discuss this with your lawyer.
This response does not create an attorney client relationship and is offered for informational purposes only. Only a lawyer fully versed on the facts and circumstances of your case can properly advise you on the case. I am licensed to practice in Minnesota, not every state. You should always consult with an attorney licensed in your area on how best to proceed.