United States v. Edling, No. 16-10457 (9th Cir. 2018)Annotate this Case
The Ninth Circuit vacated defendant's sentence for being a felon in possession of a firearm. The panel held that defendant's prior conviction for assault with a deadly weapon under Nevada Revised Statutes 200.471 categorically qualified as a crime of violence under the elements clause of USSG 4B1.2(a) because the statute required proof that the defendant placed the victim in fear of bodily harm and thus necessarily entailed the use or threatened use of violent physical force against the person of another. However, defendant's prior convictions for robbery and coercion did not constitute a "crime of violence" because, under the categorical approach, they were not covered by the Guidelines' definition of the term. Accordingly, the panel remanded for resentencing.
The court issued a subsequent related opinion or order on July 12, 2018.