United States v. Donte Kent, No. 21-3879 (8th Cir. 2022)
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Defendant pleaded guilty to possessing a controlled substance with intent to distribute and being a felon in possession of a firearm. The district court determined that Defendant was a career offender under Section 4B1.1 of the U.S. Sentencing Guidelines because he had at least two prior convictions for crimes of violence or controlled substance offenses.
The Eighth Circuit affirmed, finding that Defendant’s conviction for interference with official acts inflicting bodily injury constitutes a crime of violence. Defendant argued that interference with official acts causing bodily injury can be committed recklessly. If it can, under Borden, it no longer qualifies as a crime of violence. The court held that the offense cannot be committed recklessly. The court explained that reckless conduct is not sufficient. Because interference with official acts inflicting bodily injury cannot be committed recklessly, the Supreme Court’s decision in Borden has not abrogated Malloy. Interference with official acts inflicting bodily injury is a crime of violence under the force clause. Defendant, therefore, qualifies as a career offender under U.S.S.G. Section 4B1.1.
Court Description: [Melloy, Author, with Erickson and Kobes, Circuit Judges] Criminal case - Sentencing. Defendant's conviction for interference with official acts inflicting bodily injury in violation of Iowa Code Sec. 719.1 was a crime of violence for sentencing purposes; the offense cannot be committed recklessly and involves active and intentional conduct; therefore, the district court did not err in sentencing defendant as a career offender under Guidelines Sec. 4B1.1. [ August 09, 2022 ]
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