DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
041143P.pdf 03/15/2006 USA v. Timothy J. McCall
U.S. Court of Appeals Case No: 04-1143
Eastern District of Missouri
[PUBLISHED] [Loken, Author, for the Court en banc]
Criminal case - Sentencing. A Missouri felony driving while
intoxicated conviction is a conviction for a violent felony for the
"otherwise involves" provision of 18 U.S.C. Sec. 924(e)(2)(B)(ii);
however, because the Missouri felony driving while intoxicated offense
includes non-driving conduct as well, the case must be remanded for
further sentencing proceedings at which the government may seek to
prove that defendant's prior convictions were driving offenses, using the
limited universe of evidence permitted in Taylor v. United States, 495
U.S. 575 (1990) and Shepard v. United States, 125 S. Ct 1254 (2005).
Judge Lay, dissenting, joined by Judge Wollman and Judge Bye.
041143P.pdf 02/04/2005 USA v. Timothy J. McCall
U.S. Court of Appeals Case No: 04-1143
Eastern District of Missouri