United States v. Simmons (P)

The district court erred in revoking the defendant’s supervised release and sentencing him to 36 months in prison after determining that the defendant committed the North Carolina offense of assault with a deadly weapon on a government official. The revocation sentence was predicated on the determination that the assault offense is a “crime of violence” under the 2016 Sentencing Guidelines and, thus, a Grade A supervised release violation. But this court concludes that the offense is categorically not a “crime of violence,” so the revocation sentence was anchored to an improperly calculated Guidelines range.

Vacated and remanded. Judge Duncan wrote a concurring opinion.

United States v. Simmons (P), No. 17-4618, Mar. 5, 2019. 4th Cir. (Gregory) from WDNC at Charlotte (Conrad).

Categories: 4th U.S. Circuit Court of Appeals, Opinions, Published

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