United States v. Roman, No. 17-3582 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to conspiracy to distribute methamphetamine. The court held that defendant's prior Illinois conviction for aggravated battery on a public way was a crime of violence. The court applied the categorical approach and held that the Illinois conviction involved causing bodily injury, which has as an element the use, attempted use, or threatened use of force. Accordingly, the district court correctly calculated defendant's offense level and defendant was a career offender under USSG 4B1.1.
Court Description: Smith, Author, with Melloy and Stras, Circuit Judges] Criminal case - Sentencing. The district court did not err in determining defendant's Illinois conviction for aggravated battery on a public way was a crime of violence and that defendant was a career offender under Guidelines Sec. 4B1.1.
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