United States Eighth Circuit

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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.

Appellate Information

  • Submitted 06/10/2009
  • Decided 09/04/2009
  • Published 09/04/2009

Judges

  • SHEPHERD, Circuit Judge., Before SMITH and SHEPHERD, Circuit Judges, and LIMBAUGH,District Judge.

Court

  • United States Eighth Circuit

Counsel

  • 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.