United States v. Miranda-Zarco, No. 15-1497 (8th Cir. 2016)
Annotate this CaseDefendant pled guilty to conspiracy to distribute methamphetamine and conspiracy to commit money laundering. On appeal, defendant challenged the addition of one criminal-history point under USSG 4A1.1. The court concluded that the district court correctly added a criminal history point for defendant's armed criminal action (ACA) conviction. The court reviewed defendant's pro se supplemental brief and authorized the filing of the supplemental brief on the issue of whether defendant's prior first-degree robbery and ACA conviction is a crime of violence. In this case, the record does not indicate whether the district court relied on the residual clause or the force clause to determine that defendant's ACA offense was a crime of violence under USSG 4A1.1(e). Because the court lacks full briefing and an adequate record to address this issue, the court remanded for additional sentencing proceedings.
Court Description: Benton, Author, with Murphy and Smith, Circuit Judges] Criminal case - Sentencing. The district court did not err in imposing a separate criminal history point for defendant's Missouri Armed Criminal Action conviction as it is a separate and distinct offense; court would consider defendant's pro se argument that the ACA conviction was not a crime of violence; the issue was not raised below, and the court cannot determine whether the district court relied on the residual clause or the force clause to determine the ACA offense was a crime of violence under Guideline Sec. 4A1.1(e), and the matter is remanded for further proceedings.
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