US v. Peterson, 08-4889

Challenge to defendant's sentence as a career offender

US v. Peterson, 08-4889, concerned a challenge to the district court's imposition of a 420-month sentence in finding that defendant was a career offender under U.S.S.G. section 4B1.1(a) based on two prior felony convictions of a crime of violence, in a conviction of defendant for drug trafficking and firearm related crimes.  The court vacated the sentence and remanded in concluding that, defendant's prior involuntary manslaughter conviction  was not a crime of violence as defined by U.S.S.G. section 4B1.2(a) as it did not have any requirement of intent or mens rea.

Related Link:

• Read the Fourth Circuit's Full Decision in US v. Peterson, 08-4889