United States v. Cowan, No. 12-1337 (8th Cir. 2012)
Annotate this CaseDefendant pled guilty to being a felon in possession of a firearm. The district court found that defendant qualified for an enhanced base offense level under U.S.S.G. 2K2.1(a)(2) based on two previous felony convictions that were crimes of violence under U.S.S.G. 4B1.2(a)(2) and sentenced him to 85 months' imprisonment. The court held that, based on the Supreme Court precedent in James v. United States and Sykes v. United States, defendant's argument that U.S.S.G. 4B1.2 was unconstitutionally vague necessarily failed. Accordingly, the court affirmed the judgment.
Court Description: Criminal Case - sentence. Challenge, raised for the first time on appeal, that residual clause in Guidelines sec. 4B1.2 is unconstitutionally vague fails, as the residual clause is identical to the residual clause in the Armed Career Criminal Act which the Supreme Court has concluded was not unconstitutionally vague.
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