Crews

United States v. Crews

Good Law
612 F.3d 1131·2010 WL 2872531·2010 U.S. App. LEXIS 15256
United States Court of Appeals for the Ninth CircuitMarch 3, 2010No. 09-30183California4,260 words

Opinion

Lead Opinion

Smith, J.

We address whether a conviction under Oregon’s second-degree assault statute, Or.Rev.Stat. § 163.175(l)(b), is a “crime of violence” under the Sentencing Guidelines’ “residual clause,” U.S. Sentencing Guidelines Manual § 4B1.2(a)(2) (2008) (hereinafter U.S.S.G.). We hold that it is, and we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On February 13, 2009, Uhuru Navanda Crews pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). At sentencing, the district court assigned Crews a base offense level of twenty-four, based on two prior convictions. See U.S.S.G. § 2K2.1(a)(2). Pursuant to section 2K2.1(a)(2), a defendant is assigned a base offense level of twenty-four if he has previously sustained “at least two felony convictions of either a crime of violence or a controlled substance offense.” Id.

Crews concedes that his 1998 conviction for delivery of a controlled substance under Oregon Revised Statutes section *1133 475.840 1 constitutes a “controlled substance offense.” The district court also determined that Crews’s 1990 conviction under Oregon’s second-degree assault statute, Or.Rev.Stat. § 163.175(l)(b), is a “crime of violence” under…

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