United States v. Bell, No. 15-3506 (8th Cir. 2016)
Annotate this CaseDefendant pleaded guilty to being a felon in possession of a firearm and then appealed the district court's conclusion that his prior conviction for second degree robbery under Missouri state law qualifies as a crime of violence under USSG 2K2.1(a)(4)(A). The court concluded that defendant's prior conviction does not qualify as a crime of violence solely because "robbery" was included in the commentary to USSG 4B1.2, and the court thus rejected the government's argument to the contrary. Accordingly, the court reversed and remanded for resentencing.
Court Description: Bright, Author, with Gruender and Kelly, Circuit Judges] Criminal case - Sentencing. Missouri's second-degree robbery statute does not necessarily require the use of violent force as one of its elements, and defendant's conviction for second-degree robbery does not qualify as a crime of violence under Guidelines Sec. 2K2.1(a)(4)(A); the court rejects the government's argument that the conviction does qualify as a crime of violence because "robbery" was included in the commentary to Section 4B1.2. Judge Gruender, dissenting.
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