In Johnson v. United States, the Supreme Court held that in order to constitute a "violent felony" under the relevant provisions of the Armed Career Criminal Act ("ACCA"), the level of "physical force" required for a conviction must be "violent force-that is, force capable of causing physical pain or injury to another person." See 18 U.S.C. §§ 924(e)(1), (2)(B)(i) (2006).
Simple battery under Florida law was not a violent felony because a conviction under the relevant statute may occur when an individual has committed an actual and intentional touching involving physical contact, no matter how slight. the Supreme Court relied on its prior decision in Leocal v. Ashcroft, 543 U.S. 1, 11 (2004), holding that the definitions in 18 U.S.C. § 16 suggest a category of "violent, active crimes." The Court also specifically endorsed the holding of the United States Court of Appeals for the Seventh Circuit in Flores v. Ashcroft, 350 F.3d 666, 672 (7th Cir. 2003), that in order to constitute an aggravated felony crime of violence, the elements of the offense must require the intentional use of "violent force." Johnson v. United States, 130 U.S. at 127.
Johnson v United States -