United States v. Smith, No. 17-3760 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to one count of being a felon in possession of a firearm. The court held that defendant's prior Arkansas conviction of aggravated robbery in violation of Ark. Code Ann. Sec. 5-12-102 was a crime of violence for purposes of sentencing under USSG 2K2.1(a)(1). In this case, Arkansas robbery satisfied both the elements clause and generic robbery in the enumerated offenses clause of USSG 4B1.2, and thus both Arkansas robbery and Arkansas aggravated robbery are crimes of violence.
Court Description: Grasz, Author, with Loken and Stras, Circuit Judges] Criminal case - Sentencing. Defendant's Arkansas conviction for aggravated robbery in violation of Ark. Code Ann. Sec. 5-12-102 was a crime of violence for purposes of sentencing under Guidelines Sec. 2K2.1(a)(1).
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