United States Sixth Circuit

The categorical approach is not determinative of whether fourth degree fleeing and eluding is a "crime of violence" for purposes of sentence enhancement. Where the facts demonstrate a serious potential risk of physical injury to another, then application of the enhancement is appropriate.

Appellate Information

• Decided 02/08/2006
• Published 02/08/2006

Judges

• Before:  MERRITT, MARTIN, and COLE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Paul L. Nelson, Federal Public Defender's Office, Grand Rapids, Michigan, for Appellant.  Joan E. Meyer, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.   ON BRIEF:  Paul L. Nelson, Federal Public Defender's Office, Grand Rapids, Michigan, for Appellant.   Joan E. Meyer, Andrew Byerly Birge, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.