United States v. Boose, No. 13-1802 (8th Cir. 2014)
Annotate this CaseDefendant pleaded guilty to a drug offense and subsequently appealed his sentence. The district court sentenced defendant as a career offender under U.S.S.G. 4B1.1. The court concluded that defendant's conviction for first-degree battery under Arkansas Code Annotated 5-1-201(a)(3) was not a crime of violence under the force clause because the crime can be violated by reckless driving and defendant's conviction was also not a crime of violence under the residual clause because subsection (3) was not similar in kind or degree of risk to the enumerated crimes. Accordingly, defendant lacked the two predicate crimes of violence needed to qualify as a career offender. The court vacated and remanded for resentencing. There was no reason to allow the government to expand the record on remand because the government had a full and fair opportunity to present its evidence.
Court Description: Criminal case - Sentencing. Boose's prior Arkansas conviction for first-degree battery under Arkansas Code Annotated Sec. 5-13-201(a)(3)was not a crime of violence for purposes of Sentencing Guideline Sec. 4B1.1; since Boose lacked the two predicate crimes of violence needed to qualify as a career offender, his sentence is vacated and the matter is remanded for resentencing; because the government had a full and fair opportunity to present its evidence on this issue, there is no reason to allow the government to expand the record on remand. [ January 15, 2014
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