Alderman

This is a sentence appeal, with two issues. We hold that the first degree theft crime under Washington law of which Alderman was convicted is a “crime of violence” for purposes of the guidelines enhancement, and that the shooting in this case was an assault under Washington law.

Facts.

The district court and we have watched Alderman commit the crime on television. The events were recorded by a surveillance camera aimed at the Seattle apartment complex parking lot where they occurred. A man named Roosevelt Montgomery drove up and parked, approached Alderman, and they talked. Then Montgomery began punching Alderman. He got Alderman on the ground and landed numerous punches and a few kicks, while a woman apparently with Montgomery rifled Alderman’s pockets. Then the beating ended, and Alderman backed away, hitching up his pants.

Alderman then drew a gun and started shooting toward Montgomery. The tables being turned by the gun, Alderman now chased Montgomery around Montgomery’s car, shooting at him, as Montgomery tried to get into his car and drive away. Aider-man fired eight shots at Montgomery as he chased him around his car and another car, then left, firing one additional…