United States v. Sumrall, No. 11-1753 (1st Cir. 2012)Annotate this Case
Sumrall pleaded guilty to possession with intent to distribute over five grams of cocaine base, 21 U.S.C. 841(a)(1), (b)(1)(B). The government sought to invoke the career offender guideline, USSG 4B1.1(a), which applies where the "offense of conviction is a felony that is either a crime of violence or a controlled substance offense" and the defendant has at least two prior felony convictions for controlled substance offenses or crimes of violence. A "crime of violence" is any offense punishable by more than one year of imprisonment that either "(1) has as an element the use, attempted use, or threatened use of physical force against the person of another, or (2) is burglary of a dwelling, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another." Sumrall has a prior felony conviction for armed robbery and a prior conviction for assault and battery on a police officer, Mass. Gen. Laws ch. 265, sect. 13D. The district court used the career offender guideline and sentenced Sumrall to 188 months in prison. The First Circuit affirmed. Assault and battery on a police officer under the Massachusetts statute is categorically a crime of violence.