United States Eighth Circuit

In defendant's appeal from the district court's dismissal of his motion to vacate his sentence pursuant to 28 U.S.C. section 2255, the order is reversed where defendant's Utah conviction for attempted theft of a vehicle did not qualify as a crime of violence, and therefore, in light of Begay, the sentencing court erred by applying the career offender sentencing guideline.

Appellate Information

• Decided 07/20/2010
• Published 07/20/2010

Judges

• Michael J. Melloy

Court

• United States Eighth Circuit

Counsel