United States v. Maynard, No. 17-6057 (6th Cir. 2018)
Annotate this CaseMaynard and others stole over 700 pounds of blasting agent from a Revelation Energy job site. He pled guilty to possessing an explosive as a felon, 18 U.S.C. 842(i)(1). Relying on Maynard’s prior convictions for second-degree assault under extreme emotional disturbance in Kentucky and assault during the commission of a felony in West Virginia, the Presentence Report calculated his base offense level under the Sentencing Guidelines as 24. Maynard argued that neither of the two underlying convictions was a “crime of violence.” The court sustained Maynard’s objection to the West Virginia offense but rejected his objection regarding the Kentucky offense and sentenced him to a below-Guidelines 108 months’ imprisonment. The Sixth Circuit affirmed. The Guidelines label as a “crime of violence” any federal or state law offense punishable by more than one year’s imprisonment that “has as an element the use, attempted use, or threatened use of physical force against the person of another,” U.S.S.G. 4B1.2(a)(1). The court applied a categorical approach and examined Kentucky’s assault under extreme emotional disturbance statute, which requires that the defendant intentionally cause a physical injury in committing the underlying assault. Extreme emotional disturbance does not negate the intent elements of first or second-degree assault under Kentucky law.
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