United States v. Harris, No. 17-2868 (8th Cir. 2018)Annotate this Case
The Eighth Circuit reversed defendant's sentence after he pleaded guilty to one count of being a felon in possession of a firearm. The court held that defendant's prior second-degree domestic assault conviction in Missouri state court was not a crime of violence under the United States Sentencing Guidelines because the statute criminalizes reckless driving, which does not require physical force and thus does not satisfy the force clause. Therefore, the court remanded for resentencing.