Carson

Facts

Defendant was convicted of being a felon in possession of a firearm, possession of a firearm in furtherance of drug traf- ficking and possession of methamphetamine with intent to distribute. At sentencing, the district court found that defen- 5746 UNITED STATES v. CARSON dant was a career offender subject to a sentencing enhance- ment under U.S.S.G. § 4B1.1(a). Specifically, the judge found that defendant’s prior convictions in Washington State for second-, Wash. Rev. Code § 9A.36.021(1)(f), and third- degree assault, Wash. Rev. Code § 9A.36.031(1)(f), are “crimes of violence” for purposes of section 4B1.1(a). On appeal, defendant challenges the determination that second- degree assault, as defined by subsection (1)(f) of Washing- ton’s second-degree assault provision, is a crime of violence.

Analysis

[1] A defendant who, like Carson, has been convicted of a controlled substance offense committed when he was at least eighteen years old, is eligible for a sentencing enhancement under section 4B1.1(a) if he has at least two prior convictions for “crime[s] of violence.” A “crime of violence” for the pur- poses of section 4B1.1(a) is defined by U.S.S.G. §…