United States v. Fagatele, No. 18-4004 (10th Cir. 2019)
Annotate this CaseFeuu Fagatele appealed his 46-month prison sentence, arguing the district court erred in classifying Utah third-degree aggravated assault as a crime of violence under section 4B1.2 of the United States Sentencing Guidelines (U.S.S.G.). Fagatele pleaded guilty to one count of being a felon in possession of a firearm. Based in part on Fagatele’s 2013 Utah conviction for third-degree aggravated assault, an offense the Presentence Investigation Report (PSR) classified as a crime of violence, the PSR calculated a base offense level of 20. Fagatele objected, arguing in relevant part that third-degree aggravated assault did not constitute a crime of violence under the federal guideline 4B1.2(a)’s elements clause. After review, the Tenth Circuit concluded third-degree aggravated assault “has as an element the use, attempted use, or threatened use of physical force against the person of another.” Accordingly, it affirmed Fagatele’s sentence.
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