Whether the defendant's prior conviction for aggravated assault qualifies as a violent felony under the Armed Career Criminal Act

QUESTION PRESENTED I. The district court reverisbly erred when it determined that the defendant’s prior conviction for aggravated assault was a violent felony qualifying him as an armed career criminal subject to a mandatory minimum sentence of fifteen years im PLiSON. LO If. The conviction is invalid because: the statute, as construed by this Court is unconstitutional, in that it allows for convictions that do not have the requisite effect on commerce; the indictment failed to allege all the elements of the offense; and the plea colloquy failed to establish an offense. (THIS ISSUE IS FORECLOSED BY FIFTH CIRCUIT PRECEDENT AND PRESENTED TO PRESERVE IT FOR FURHTER iii