United States v. Thomas

After defendant was convicted of distributing cocaine base, the district court applied the Guidelines' career-offender enhancement on the basis of two prior convictions, one of which was for first-degree battery under 5-13-201 of the Arkansas Code. The court concluded that it is not possible to inflict serious physical injury by means of a deadly weapon, as those terms are defined in the Arkansas Code, without employing physical force. Therefore, defendant's prior conviction for first-degree battery is a crime of violence. Because the district court did not err by applying the enhancement, the court affirmed the judgment. View "United States v. Thomas" on Justia Law