United States v. Ramey, No. 16-4328 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit affirmed the district court's imposition of a sentencing enhancement under USSG 2K2.1(a)(4)(A) after defendant pleaded guilty to unlawful possession of a firearm as a previously convicted felony. The court held that defendant's prior conviction for second-degree assault under Mo. Rev. Stat. 565.060.1(5) was a prior felony conviction for a "crime of violence" under the guidelines. Consistent with Voisine v. U.S., 136 S. Ct 2272 (2016), and U.S. v. Fogg, 836 F.3d 951 (8th Cir. 2016), the court held that reckless conduct causing injury to another by use of a firearm constitutes a use of force under the guidelines.
Court Description: Colloton, Author, with Benton and Kelly, Circuit Judges] Criminal case - Sentencing. The district court did not err in determining defendant's conviction for second-degree assault in violation of Mo. Rev. Stat. Sec. 565.060.1(5) was a crime of violence for sentencing purposes under the Guidelines. See Voisine v. U.S., 136 S. Ct 2272 (2016) and U.S. v. Fogg, 836 F.3d 951 (8th Cir. 2016). Judge Kelly, concurring in the judgment.
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