United States Tenth Circuit

Defendant's bank robbery sentence is affirmed, where the District Court properly found that Defendant's prior state conviction for battery of a police officer was a "crime of violence" under U.S.S.G. section 4B1.2, because that offense involves purposeful, aggressive and violent conduct and creates a serious risk of physical injury.

Appellate Information

• Decided 03/18/2009
• Published 03/18/2009

Judges

• TYMKOVICH, Circuit Judge., Before LUCERO, EBEL, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs., David J. Phillips, Federal Public Defender, Melissa Harrison and Charles D. Demon, Assistant Federal Public Defenders, Office of the Federal Public Defender, Kansas City, KS, for Appellant.


• For Appellees:
  
• Marietta Parker, Acting United States Attorney, and Leon Patton, Assistant United States Attorney, Office of the United States Attorney, District of Kansas, Kansas City, KS, for Appellee.