United States v. Thomas, No. 21-1240 (7th Cir. 2022)
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Thomas pleaded guilty to distributing 50 grams or more of methamphetamine, 21 U.S.C. 841(a)(1), while he was serving an extended term of supervised release based on an earlier conviction for conspiracy to possess with intent to distribute 100 grams or more of heroin. Thomas did not contest the revocation of his supervision term. The probation officer determined that Thomas qualified as a career offender under the Sentencing Guidelines because he had committed a controlled substance offense and had “at least two prior felony convictions of either a crime of violence or a controlled substance offense” In addition to his prior federal heroin conviction Thomas had a Wisconsin conviction for Child Abuse—Intentionally Cause Harm. Employing the career offender guidelines yielded a sentencing range of 262-327 months; without that designation, the range would have been 120-125 months.
The underlying Wisconsin statute refers to: “Whoever intentionally causes bodily harm to a child.” Thomas argued that because the statute did not require the use of physical force as an element, it did not fit the definition of a “crime of violence.” The Seventh Circuit affirmed his sentences of 100 months in the distribution case with a consecutive sentence of 30 months in the revocation case. Seventh Circuit controlling precedent holds that the crime of intentionally causing bodily harm is a crime of violence.
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