US v. Tyler, No. 08-3574
District court's sentencing based on defendant's prior conviction is vacated and remanded where Minnesota's crime of fleeing a peace officer in a motor vehicle does not constitute a crime of violence under the Sentencing Guidelines and the district court erred in sentencing defendant as a career offender and thus improperly calculated his offense level and Guidelines range, which constitutes a significant procedural error.
Submitted: June 10, 2009
Filed: September 4, 2009
Opinion by Shepherd, Circuit Judge
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