United States Tenth Circuit

A prior conviction under Utah law for failing to stop at an officer's command qualifies as a violent felony under the Armed Career Criminal Act's (ACCA) residual language. A sentence for being a previously-convicted felon in possession of a firearm is remanded for further proceedings where: 1) although a presentence report (PSR) contained facts supporting the application of various enhancements, defendant adequately disputed those facts at sentencing; 2) thus, the district court was obligated, under Fed. R. Crim. P. 32(i)(3)(B), either to rule on those disputes or explain why the disputed facts were not relevant to sentencing; and 3) the district court failed to meet its fact-finding obligation under Rule 32(i)(3)(B).

Appellate Information

• Decided 12/10/2008
• Published 12/11/2008

Judges

• EBEL, Circuit Judge., Before BRISCOE, EBEL and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: 


• For Appellees:
  
• James A. Valdez of James A. Valdez, LLC, Salt Lake City, UT, for Defendant-Appellant Jeremiah West., Brett L. Tolman, United States Attorney, and Karin M. Fojtik, Assistant United States Attorney, Salt Lake City, UT, for Plaintiff-Appellee United States of America.