· 7/13/1995
United States v. Jerry F. Arnold
Citations
- 58 F.3d 1117
- 1995 U.S. App. LEXIS 16895
- 1995 WL 410829
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “the district court’s reliance on the presentence investigation report was outside the scope of its discretion.”
- concluding that “using a categorical approach, . . . assault with intent to commit sexual battery under Tennessee law is [not] a crime involving the use of force . . . for purposes of U.S.S.G. § 4B1.2(1)(i)”
- concluding, prior to Begay, that assault with intent to commit sexual battery under Tennessee law was not necessarily a crime of violence because the statute encompassed assault accomplished by fraud as well as by force
- looking to § 4B1.2 to define “crime of violence” in § 2K2.1(a)(4)
- \[T]he revised commentary appears to disfavor a wideranging inquiry into the specific circumstances surrounding a conviction.\
- a crime of violence under the career offender provision is interpreted identically to a violent felony under the ACCA
Source: CourtListener parenthetical corpus (CC0).
Judges: Milburn, Siler, Cook
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.