U.S. Sixth Circuit - The FindLaw 6th Circuit Court of Appeals Opinion Summaries Blog

US v. Gibbs, 09-2031

Defendant's prior convictions for purposes of computing offense level

US v. Gibbs, 09-2031, concerned a challenge to the district court's imposition of a 108-month sentence in a prosecution of defendant for being a felon in possession of a firearm in violation of 18 U.S.C. section 922(g)(1).  In vacating the sentence, and remanding for resentencing, the court held that defendant's prior convictions for "walkaway" prison escape and resisting and obstructing an officer do not constitute crimes of violence for purposes of computing defendant's offense level.

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