United States v. Ramey

The Eighth Circuit affirmed the district court's imposition of a sentencing enhancement under USSG 2K2.1(a)(4)(A) after defendant pleaded guilty to unlawful possession of a firearm as a previously convicted felony. The court held that defendant's prior conviction for second-degree assault under Mo. Rev. Stat. 565.060.1(5) was a prior felony conviction for a "crime of violence" under the guidelines. Consistent with Voisine v. U.S., 136 S. Ct 2272 (2016), and U.S. v. Fogg, 836 F.3d 951 (8th Cir. 2016), the court held that reckless conduct causing injury to another by use of a firearm constitutes a use of force under the guidelines. View "United States v. Ramey" on Justia Law