United States Sixth Circuit

A crime requiring only recklessness does not qualify as a "crime of violence" under 18 U.S.C. section 16. A sentence for possession of cocaine with intent to distribute and an offense relating to the illegal reentry of removed aliens is vacated where the district court erroneously enhanced defendant's sentence since his prior Tennessee conviction for vehicular assault was not a "crime of violence" under U.S.S.G. section 2L1.2(b)(1)(A)(ii).

Appellate Information

• Decided 11/21/2006
• Published 11/21/2006

Judges

• Before:  MARTIN and COOK, Circuit Judges;  BERTELSMAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Clifton L. Corker, Johnson City, Tennessee, for Appellant.  Perry H. Piper, Assistant United States Attorney, Chattanooga, Tennessee, for Appellee.   ON BRIEF:  Clifton L. Corker, Johnson City, Tennessee, for Appellant.  Nancy Stallard Harr, Assistant United States Attorney, Greenville, Tennessee, for Appellee.