a defendant argued at sentencing that his Missouri conviction for second-degree assault was not a crime of violence since the statute criminalized reckless rather than intentional conduct, the judgment is affirmed because under circuit precedent reckless conduct causing injury to another by the use of a firearm constitutes a use of force under the guidelines.
Concurring opinion by Kelly, J.: “It remains ‘an open question in our circuit whether a statute that criminalizes the discharge of a firearm toward an occupied building or motor vehicle qualifies as a violent felony under the force clause.’ 836 F.3d at 955 (citing United States v. Jordan, 812 F.3d 1183, 1186–87 (8th Cir. 2016)). Similarly, whether the statute in question here, Mo. Rev. Stat. § 565.060.1(5), requires that the force be used against the person of another also remains undecided.”
Judgment is affirmed.
U.S. v. Ramey (MLW No. 71357/Case No. 16-4328 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Appealed from U.S. District Court, Eastern District of Missouri, Sippel, J. (Diane Dragan, St. Louis, argued for appellant) (Allison Hart Behrens, St. Louis, argued for appellee).