United States v. William, No. 11-1806 (8th Cir. 2011)
Annotate this CaseDefendant challenged the sentence imposed as a result of his conviction for being a felon in possession of a firearm. In his second appeal, defendant challenged the district court's application of the U.S.S.G. 2K2.1(a)(3) sentencing enhancement, arguing that his no-contest plea rendered the factual basis for his plea recited by the prosecutor during his change-of-plea hearing unusable for Taylor v. United States and Shepard v. United States purposes. The court affirmed the judgment of the district court where defendant was convicted under the unlawful-removal part of the Nebraska escape statute and defendant's conviction was for unlawful removal from official detention under the Nebraska escape statute, which constituted a crime of violence.
Court Description: Criminal case - Sentencing. For the court's prior opinion in the case, see United States v. Williams, 627 F.3d 324 (8th Cir. 2010). On remand, the district court did not err in determining from the state court plea transcript that defendant had been convicted under the unlawful-removal portion of the Nebraska escape statute; nor did the court err in finding that the escape conviction was a crime of violence for sentencing purposes.
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