(DOWNLOAD) "United States v. Woods" by United States Court of Appeals for the Federal Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Woods
- Author : United States Court of Appeals for the Federal Circuit
- Release Date : January 05, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Vernon Woods was convicted of two counts of distributing ecstasy, in violation of 21 U.S.C. § 841(a)(1), and one count of possession of a weapon by a felon, in violation of 18 U.S.C. § 922(g). The district court found that Woods was a career offender and thus was subject to an enhanced sentence under § 4B1.1 of the United States Sentencing Guidelines ("U.S.S.G."). The court imposed a sentence of 192 months, well above the 84-month sentence Woods might have received without the career offender enhancement. Woods now appeals his sentence, challenging whether, following the Supreme Courts decision in Begay v. United States, 128 S.Ct. 1581 (2008), and this courts decision in United States v. Smith, 544 F.3d 781 (7th Cir. 2008), his prior conviction for involuntary manslaughter- which required only a finding of recklessness-qualifies as a prior violent felony conviction for the purpose of the Guidelines. We conclude that Begay and Smith resolve this question in Woodss favor, and we therefore vacate the judgment of the district court and remand for further proceedings.
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