United States v. Harris, No. 18-1174 (8th Cir. 2020)
Annotate this CaseThe Eighth Circuit reversed defendant's sentence imposed after he pleaded guilty to distributing methamphetamine. The court held that the district court erred in finding that defendant's prior Arkansas conviction for terroristic threatening was a crime of violence under USSG 4B1.1(a). In this case, the available materials suggest that the "injury to persons" and "injury to property" components of the Class B felony's mens rea requirement are different means of satisfying a single mens rea element and not alternative elements defining different crimes. Therefore, the court concluded that the categorical approach's "demand for certainty" has not been met. However, the court held that the district court did not err in finding defendant's conviction for second degree battery qualified as a crime of violence under section 4B1.1(a). Accordingly, the court remanded for resentencing.
Court Description: [Melloy, Author, with Benton and Kelly, Circuit Judges] Criminal case - Sentencing Guidelines. The district court erred in finding that defendant's conviction for terroristic threatening in violation of Arkansas Code Section 5-13-310 (2002)was a crime of violence for purposes of career offender sentencing under Guidelines Sec. 4B1.1(a); the court did not err in determining defendant's conviction for second degree battery in violation of Arkansas Code Section 5-13-202(a)(2006) was a crime of violence for purposes of career offender sentencing under Guidelines Sec. 4B1.1(a); reversed and remanded for resentencing.
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