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US v. McDonald, No. 08-2703

By FindLaw Staff on January 25, 2010 2:37 PM

District court's imposition of an enhanced sentence on a defendant convicted of being a felon in possession of a firearm, based on prior convictions, is vacated and remanded where: 1) under Begay and Woods, defendant's conviction for first-degree reckless injury does not qualify as a crime of violence for purposes of section 2K2.1(a)(2); and 2) defendant's second-degree sexual assault conviction should not have been used to increase his offense level under section 2K2.1(a). 

Read US v. McDonald, No. 08-2703

Appellate Information

Appeal from the United States District Court for the Eastern District of Wisaconsin

Decided January 25, 2010

Judges

Before: Kanne, Wood, and Sykes, Circuit Judges

Opinion by Circuit Judge  Sykes

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