United States v. Joshua Clifton, No. 08-1398 (8th Cir. 2009)
Annotate this CaseCourt Description: Criminal case - Sentencing. Missouri conviction for auto tampering is not a crime of violence for purposes of Guidelines Sec. 4B1.2, and the case is remanded for resentencing.
Download PDF
United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-1398 ___________ United States of America, Appellee, v. Joshua R. Clifton, Appellant. * * * Appeal from the United States * District Court for the * Western District of Missouri. * * [UNPUBLISHED] * * ___________ Submitted: October 13, 2008 Filed: March 24, 2009 ___________ Before COLLOTON, BOWMAN, and BENTON, Circuit Judges. ___________ PER CURIAM. Joshua Ryan Clifton pled guilty to being a felon in possession of ammunition, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). The district court applied a crime of violence sentencing enhancement due to a prior Missouri conviction for auto tampering, and imposed a 120-month sentence, the statutory maximum. Clifton appeals, arguing that auto tampering does not qualify as a crime of violence under U.S.S.G. § 4B1.2. In United States v. Williams, 537 F.3d 969 (8th Cir. 2008), this court held that auto tampering is not a crime of violence. Accordingly, this court vacates the sentence, and remands for resentencing. ______________________________
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
