United States v. Fields, No. 16-4140 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit reversed defendant's 41 month sentence after he pleaded guilty to being a felon in possession of a firearm. The court held that defendant's prior conviction for second-degree assault under Missouri Revised Statutes 560.060.1(3) was not a crime of violence under the Guidelines. United States v. Ossana, 638 F.3d 895 (8th Cir. 2011), remains dispositive for this case and neither Voisine v. United States, 136 S.Ct. 2272 (2016), nor United States v. Fogg, 836 FD.3d 951 (2016), considered whether a conviction under a statute that also criminalizes reckless driving was categorically a crime of violence under the Guidelines. Accordingly, the court remanded for resentencing.
Court Description: Melloy, Author, with Loken and Murphy, Circuit Judges] Criminal case - Sentencing. Defendant's conviction for second-degree assault under Missouri Revised Section 560.060.1(3) was not a crime of violence because the section also encompasses reckless driving - see United States v. Ossana, 638 F.3d 895 (8th Cir. 2011); Ossana is still dispositive of the case and the Supreme Court's decision in Voisine v. United States, 136 S.Ct. 2272 (2016) and this court's decision in United States v. Fogg, 836 FD.3d 951 (2016) do not compel a different result. Reversed and remanded for resentecing. Judge Loken, dissenting.
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