United States v. Yackel, No. 20-1157 (8th Cir. 2021)
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The Eighth Circuit affirmed defendant's 240-month sentence imposed after he pleaded guilty to one count of conspiracy to distribute methamphetamine and to one count of possession of a firearm in furtherance of a drug trafficking crime. The district court adopted the presentence investigation report finding that defendant was a career offender.
The court concluded that the district court did not err in determining that defendant's prior conviction for aiding and abetting second-degree assault in violation of Minn. Stat. Section 609.05 qualified as a crime of violence under the Sentencing Guidelines. The court rejected defendant's arguments to the contrary, concluding that State v. Ulvinen, 313 N.W.2d 425, 428 (Minn. 1981), does not support defendant's contention that there is something "special" about Minnesota's definition of aiding and abetting. Similarly, the other Minnesota cases to which defendant cites fail to show that there is something "special" about the Minnesota courts' application of section 609.05.
Court Description: [Shepherd, Author, with Stras and Kobes, Circuit Judges] Criminal case - Sentencing. The district court did not err in determining that defendant's prior conviction for aiding and abetting second-degree assault in violation of Minn. Stat. Section 609.05 qualified as a crime of violence under the Sentencing Guidelines.
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