United States v. Jeremy Alexander Carson

We address whether a conviction under Washington’s second-degree assault statute is a “crime of violence” for the purposes of the Sentencing Guidelines career offender enhancement provision, U.S.S.G. § 4B1.1.

Facts

Defendant was convicted of being a felon in possession of a firearm, posses sion of a firearm in furtherance of drug trafficking and possession of methamphetamine with intent to distribute. At sentencing, the district court found that defendant was a career offender subject to a sentencing enhancement under U.S.S.G. § 4Bl.l(a). Specifically, the judge found that defendant’s prior convictions in Washington State for second-, Wash. Rev. Code § 9A.36.021(l)(f), and third-degree assault, Wash. Rev.Code § 9A.36.031(l)(f), are “crimes of violence” for purposes of section 4Bl.l(a). On appeal, defendant challenges the determination that second-degree assault, as defined by subsection (l)(f) of Washington’s second-degree assault provision, is a crime of violence.

Analysis

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 4Bl.l(a) if he…