US v. Tyler, 08-3574
District court's sentencing based on defendant's prior conviction is vacated and remanded where Minnesota's crime of fleeing a peace officer in a motor vehicle does not constitute a crime of violence under the Sentencing Guidelines and the district court erred in sentencing defendant as a career offender and thus improperly calculated his offense level and Guidelines range, which constitutes a significant procedural error.
- Submitted 06/10/2009
- Decided 09/04/2009
- Published 09/04/2009
- SHEPHERD, Circuit Judge., Before SMITH and SHEPHERD, Circuit Judges, and LIMBAUGH,District Judge.
- United States Eighth Circuit
- For Appellant:
- Gregory Scott Tyler, Oklahoma City, OK, pro se., Jennifer M. Macaulay, argued, Macaulay Law Offices, St. Paul, MN, for appellant.
- For Appellees:
- Kimberly A. Svendsen, argued, U.S. Attorney's Office, Minneapolis, MN, for appellee.