I. The district court reverisbly erred when it determined that the defendant's prior conviction for aggravated assault was a violent felony qual ifying him as an armed career criminal subject to a mandatory minimum sentence of fifteen years in prison.

II. The conviction is invalid because: the statute, as construed by this Court is unconstitutional, in that it allows for convictions that do n ot have the requisite effect on commerce; the indictment failed to allege all the el ements 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 REWIEW.)

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