Elawyers Elawyers
Ohio| Change

United States v. Joshua Clifton, 08-1398 (2009)

Court: Court of Appeals for the Eighth Circuit Number: 08-1398 Visitors: 24
Filed: Mar. 24, 2009
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 08-1398 _ United States of America, * * Appellee, * Appeal from the United States * District Court for the v. * Western District of Missouri. * Joshua R. Clifton, * [UNPUBLISHED] * Appellant. * _ Submitted: October 13, 2008 Filed: March 24, 2009 _ Before COLLOTON, BOWMAN, and BENTON, Circuit Judges. _ PER CURIAM. Joshua Ryan Clifton pled guilty to being a felon in possession of ammunition, in violation of 18 U.S.C. §§ 922(g)(1) and 924(
More
                     United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                   ___________

                                   No. 08-1398
                                   ___________

United States of America,               *
                                        *
            Appellee,                   * Appeal from the United States
                                        * District Court for the
      v.                                * Western District of Missouri.
                                        *
Joshua R. Clifton,                      * [UNPUBLISHED]
                                        *
            Appellant.                  *
                                   ___________

                             Submitted: October 13, 2008
                                Filed: March 24, 2009
                                 ___________

Before COLLOTON, BOWMAN, and BENTON, Circuit Judges.
                         ___________

PER CURIAM.

       Joshua Ryan Clifton pled guilty to being a felon in possession of ammunition,
in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). The district court applied a
“crime of violence” sentencing enhancement due to a prior Missouri conviction for
auto tampering, and imposed a 120-month sentence, the statutory maximum. Clifton
appeals, arguing that auto tampering does not qualify as a crime of violence under
U.S.S.G. § 4B1.2. In United States v. Williams, 
537 F.3d 969
(8th Cir. 2008), this
court held that auto tampering is not a crime of violence. Accordingly, this court
vacates the sentence, and remands for resentencing.
                       ______________________________

Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer