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