United States v. Abdullah, No. 18-1082 (3d Cir. 2018)Annotate this Case
Abdullah pled guilty to conspiring to distribute and possess with intent to distribute heroin and being a felon in possession of a firearm. The district court concluded that he was subject to a sentencing enhancement for being a career offender under USSG 4B1.1, based in part on Abdullah’s 2015 conviction for third-degree aggravated assault with a deadly weapon under New Jersey Statutes 2C:12- 1(b)(2). Abdullah argued that the conviction was not for a “crime of violence.” The Third Circuit affirmed his 176-month sentence. New Jersey’s aggravated assault statute is divisible and it is possible to identify the specific subsection under which Abdullah was convicted; that specific aggravated assault offense categorically qualify as a predicate crime of violence under the guidelines.