United States v. Adams, No. 21-3043 (10th Cir. 2022)
Annotate this CaseDefendant-appellant Briar Adams was convicted of aggravated battery. The district court applied U.S. Sentencing Guideline § 2K2.1(a)(4) to defendant who had a prior conviction in Kansas for aggravated battery. In considering that conviction, the court classified aggravated battery as a crime of violence and sentenced Adams to 51 months’ imprisonment. Adams challenged this classification, arguing that Kansas’s crime of aggravated battery included conduct that wouldn’t create a crime of violence under the sentencing guidelines. To this, the Tenth Circuit Court of Appeals agreed: "in Kansas an aggravated battery could stem from battery against a fetus, and the guidelines’ definition of a crime of violence wouldn’t cover battery against a fetus. Because the Kansas crime of aggravated battery doesn’t constitute a crime of violence," the Court vacated the sentence and remanded for resentencing.
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