United States v. Dixon, No. 21-1469 (7th Cir. 2022)
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Dixon pleaded guilty to possessing a firearm as a felon. The district court sentenced him to 96 months’ imprisonment, raising his base‐offense level by six levels under U.S.S.G. 2K2.1(a)(4)(A) because he had a previous conviction for a “crime of violence,” an Iowa conviction for intimidation with a dangerous weapon. According to the charging document in the Iowa court, Dixon had shot at a vehicle with multiple occupants and continued firing at them as they fled.
The Seventh Circuit affirmed. A conviction under the Iowa statute requires that the defendant placed someone in “reasonable apprehension of serious injury.” The court applied the categorical approach and stated that the only way a defendant uses a dangerous weapon to put someone in fear of serious injury is by threatening physical force.
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