Sentencing — crime of violence

By: WISCONSIN LAW JOURNAL STAFF//October 10, 2013//

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United States Court of Appeals For the Seventh Circuit

Criminal

Sentencing — crime of violence

The district court properly counted a prior conviction for aggravated discharge of a firearm as a crime of violence.

“Though ‘crime of violence’ is defined slightly differently by the Sentencing Guidelines than by the INA, the relevant language is the same. Both define a ‘crime of violence’ as an offense that ‘has as an element the use, attempted use, or threatened use of physical force against the person of another.’ U.S.S.G. § 4B1.2(a)(1); 18 U.S.C. § 16. Thus, we reach the same conclusion here, and hold that the district court properly categorized Womack’s prior conviction for aggravated discharge of a firearm as a ‘crime of violence.’”

Affirmed.

12-3877 U.S. v. Womack

Appeal from the United States District Court for the Southern District of Illinois, Herndon, J., Bauer, J.

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