United States v. Jonas, No. 11-1773 (1st Cir. 2012)Annotate this Case
Defendant pleaded guilty to possessing counterfeit securities and possessing a firearm as a felon, 18 U.S.C. 513(a), 922(g)(1). The presentence report recommended a guideline sentencing range of 70 to 87 months, based on a provision calling for an increased base offense level if a defendant, convicted of unlawful firearm possession, has previously sustained two felony convictions of either a crime of violence or a controlled substance offense. USSG 2K2.1(a)(2). The guideline cross-references USSG 4B1.2(a) to defined "crime of violence." Defendant conceded that he had a prior drug conviction, but argued that conviction for assault and battery on a correctional officer, Mass. Gen. Laws ch. 265, sect. 13D, was not a conviction for a crime of violence. The district court disagreed and, varying downward, imposed a 60-month term. The First Circuit affirmed. Under the career offender guideline, a crime of violence is any offense punishable by more than one year of imprisonment that either has as an element the use, attempted use, or threatened use of physical force against the person of another, or 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.