United States Sixth Circuit

A sentence for being a felon in possession of a firearm, enhanced by defendant's prior conviction for attempted criminal assault conduct in the second degree as a "crime of violence", is vacated and remanded for resentencing where section 4B1.2(a)(2) of the Guidelines should be limited to crimes that are similar in both the kind and in the degree of risk to the enumerated examples of burglary of a dwelling, arson, extortion, or crimes involving the use of explosives.

Appellate Information

• Decided 06/10/2008
• Published 06/10/2008

Judges

• Before: GUY, SUHRHEINRICH, and COLE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Richard D. Stroba, Federal Public Defender Office, Grand Rapids, Michigan, for Appellant.  Elisa Castrolugo, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.   ON BRIEF:  Richard D. Stroba, Federal Public Defender Office, Grand Rapids, Michigan, for Appellant.  Elisa Castrolugo, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.