United States v. Bell, No. 15-3506 (8th Cir. 2016)Annotate this Case
Defendant pleaded guilty to being a felon in possession of a firearm and then appealed the district court's conclusion that his prior conviction for second degree robbery under Missouri state law qualifies as a crime of violence under USSG 2K2.1(a)(4)(A). The court concluded that defendant's prior conviction does not qualify as a crime of violence solely because "robbery" was included in the commentary to USSG 4B1.2, and the court thus rejected the government's argument to the contrary. Accordingly, the court reversed and remanded for resentencing.