United States v. Timothy Ossana, No. 10-2205 (8th Cir. 2011)
Annotate this CaseDefendant challenged the sentence he received after pleading guilty to being a felon in possession of a firearm where the probation officer recommended a base level offense of twenty under U.S.S.G. 2K2.1(a)(4)(A) when defendant had obtained a prior conviction for a "crime of violence." At issue was whether the government failed to establish that defendant's prior Arizona conviction for aggravated assault qualified as a crime of violence. The court vacated the sentence and remanded, holding that appellant's prior conviction could have been based merely upon reckless driving that resulted in injury under Arizona statutes and the possibility remained that defendant's conviction was not a crime of violence.
Court Description: Criminal Case - sentence. Including Arizona conviction for aggravated assault as a prior conviction for a crime of violence under 2K2.1(a)(4)(A) was error. Arizona statute which involves merely reckless use of a vehicle is not a crime of violence, and thus, utilizing the modified categorical approach to analyze Ossana's conviction involving aggravated assault by means of a vehicle, the possibility remains that Ossana's conviction was not a crime of violence Remand is necessary to allow expansion of the record.
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.