Summary
The Eighth Circuit held that North Dakota's aggravated-assault statute is broader than the Sentencing Guidelines' definition of a crime of violence because it permits conviction based on ordinary recklessness. The court concluded that the defendant's prior aggravated-assault conviction satisfied neither the Guidelines' force clause nor its enumerated-offenses clause, and it vacated the sentence and remanded for resentencing.
Topics
Practice areas
Questions Presented
- Whether Schneider's North Dakota aggravated-assault conviction qualifies as a crime of violence under the Sentencing Guidelines' force clause.
- Whether the conviction qualifies as a crime of violence under the Guidelines' enumerated-offenses clause for aggravated assault.
Holdings
- The conviction did not qualify under the force clause because the North Dakota aggravated-assault statute is divisible, the available Shepard documents did not establish whether Schneider was convicted under subsection (a) or subsection (c), and subsection (a) criminalizes conduct causing serious bodily injury with ordinary recklessness, which does not require the use, attempted use, or threatened use of physical force.
- The conviction did not qualify under the enumerated-offenses clause because North Dakota's aggravated-assault statute is broader than generic aggravated assault: subsection (a) permits conviction for causing serious bodily injury with ordinary recklessness, while ordinary recklessness is not part of the generic offense.
Key quotations
“Schneider’s 2012 aggravated-assault conviction satisfies neither the force clause nor the enumerated-offenses clause of the definition of a crime of violence in the Sentencing Guidelines. We therefore remand for resentencing.” (-15-)
“Accordingly, we hold that subsection (a) of North Dakota’s aggravated-assault statute is broader than the generic definition of aggravated assault because it includes recklessly causing serious bodily injury.” (-13-)
Factual background
In 2012, Schneider pleaded guilty in North Dakota state court to felony aggravated assault arising from a violent domestic dispute. Several years later, a traffic stop led to the discovery of a loaded shotgun in his truck, and Schneider separately reported a burglary involving missing ammunition. The federal government charged him with possessing a firearm and ammunition as a felon, and the district court increased his Guidelines offense level based on the prior aggravated-assault conviction.
Procedural history
Schneider pleaded guilty in federal district court to violating 18 U.S.C. §§ 922(g)(1) and 924(a)(2). The district court treated his prior North Dakota aggravated-assault conviction as a crime of violence under U.S.S.G. § 2K2.1(a)(4)(A), resulting in a thirty-month sentence. The Eighth Circuit reviewed the legal issue de novo and vacated the sentence, remanding for resentencing.
Remand instructions
Vacate the sentence and remand for resentencing without treating Schneider's 2012 North Dakota aggravated-assault conviction as a crime of violence under the Guidelines.