United States v. Dreshon Frazier, No. 21-2187 (8th Cir. 2022)Annotate this Case
Defendant appealed a sentence of 240 months imprisonment imposed by the district court after he was convicted of a drug trafficking offense and two firearms offenses. The district court determined that Defendant was a career offender under the sentencing guidelines and calculated his advisory sentencing range accordingly. On appeal, Defendant challenged the career-offender determination.
The Eighth Circuit vacated Defendant’s sentence and remanded it for resentencing. The court explained that in light of intervening authority, the court concluded that one of Defendant’s prior felony convictions does not qualify as a crime of violence under the guidelines and that he is not properly classified as a career offender based on that conviction. Specifically, the court concluded that Defendant’s violation of Section 708.6(2) does not have as an element the use, attempted use, or threatened use of force against the person of another. The offense thus does not qualify as a crime of violence under USSG Section 4B1.2(a)(1).