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Criminal Law: “Willful” Aggravated Assault- “Crime of Violence”- Sentencing Guidelines
Staff Report//October 5, 2018//
Criminal Law: “Willful” Aggravated Assault- “Crime of Violence”- Sentencing Guidelines
Staff Report//October 5, 2018//
During defendant’s sentencing for possession of a firearm as a felon, the district court concluded that defendant’s prior North Dakota aggravated-assault conviction constituted a crime of violence under the federal sentencing guidelines and thereby increased his recommended guidelines range. On appeal, defendant argued that his prior aggravated-assault conviction was not a crime of violence.
Where defendant’s underlying conviction did not definitively have “as an element the use, attempted use, or threatened use of physical force” because statute criminalized reckless conduct, even when underlying facts involved use of violent force, a prior aggravated assault conviction was not a “crime of violence”.
Judgment is reversed and remanded.
U.S. v. Schneider (MLW No. 72162/Case No 17-3034 – 15 pages) (U.S. Court of Appeals, 8th Circuit, Stras, J.) Appealed from U.S. District Court, District of North Dakota, Erickson, J. (Rachael Steenholdt for Appellant, Christopher Lancaster on brief) (Jaocb Rodenbiker for appellee)
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