United States v. Whindleton, 797 F.3d 105 (1st Cir. Aug. 10, 2015) (Massachusetts conviction for conviction for assault with a deadly weapon under Massachusetts General Laws ch. 265, 15B(b) [[w]hoever, by means of a dangerous weapon, commits an assault upon another.], constitutes a violent felony under the ACCA); following United States v. Am, 564 F.3d 25, 33 & n. 9 (1st Cir. 2009) (an ADW conviction under under Massachusetts General Laws ch. 265, 15B(b) clearly satisfies the ACCA's Force Clause).

Note: At issue in this case is whether the Massachusetts offense of assault with a dangerous weapon (ADW), Mass. Gen. L. ch. 265, 15B(b), has an element the use, attempted use, or threatened use of physical force as defined in the federal Armed Career Criminal Act (ACCA). This question is relevant under immigration law, because the aggravated felony definition of crime of violence includes identical language. 18 U.S.C. 16(a). Whindleton, supra, at 112.

Immigration attorneys should note that the First Circuit may have left open an argument regarding the degree of intent necessary for an ADW conviction and whether that intent is sufficient for a violent felony or a crime of violence. See Whindleton at n.9 & n.12.