United States v. Rice, No. 14-3615 (8th Cir. 2016)
Annotate this CaseDefendant appealed his 110 month sentence after pleading guilty to being a felon in possession. The court concluded that defendant's previous battery conviction under Ark. Code Ann. 5-13-202 was for a crime of violence because it included the use of violent force as an element where it is impossible to cause bodily injury without applying force. The court also concluded that the district court correctly calculated defendant's base offense level of 22 under USSG 2K2.1 of the Guidelines. Accordingly, the court affirmed the judgment.
Court Description: Murphy, Author, with Benton and Kelly, Circuit Judges] Criminal case - Sentencing. On the record here, defendant's state conviction for second degree battery under Ark. Code Ann. Section 5-13-202 (2006)included the use of violent force as an element since it is impossible to cause bodily injury without using force capable of producing that result; as a result the conviction was for a crime of violence, and the district court correctly calculated his base offense level under Sec. 2K2.1 of the guidelines. Judge Kelly, dissenting.
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