United States v. Ricky Pulley

Summary

The Eighth Circuit held that a prior conviction for aggravated vehicular hijacking under Illinois law qualifies as a crime of violence under the force clause of USSG §4B1.2(a)(1), even after *Borden v. United States* (which excludes reckless conduct). Applying the categorical approach and the realistic probability principle, the court found no realistic probability that the offense could be committed recklessly, as the statute requires the use or threat of physical force. Therefore, the district court properly enhanced Pulley's sentence under USSG §2K2.1 for unlawful firearm possession.

Holdings

1. The prior conviction for vehicular hijacking constitutes a crime of violence under the force clause because there is no realistic probability that it can be committed recklessly.

Questions Presented

1. Whether Pulley's prior conviction for aggravated vehicular hijacking under the 2005 version of 720 ILCS 5/18-3(a) qualifies as a crime of violence under U.S.S.G. § 4B1.2(a)'s force clause, given that the statute may cover reckless conduct.

Disposition

affirmed