DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
071788P.pdf 12/30/2008 United States v. Mark Davidson
U.S. Court of Appeals Case No: 07-1788
U.S. District Court for the Western District of Missouri - St. Joseph
[PUBLISHED] [Per Curiam - Before Riley, Colloton and Benton,
Circuit Judges]
Criminal case - Sentencing. District court erred in finding defendant's
conviction for tampering by operation was a crime of violence, and the
matter must be remanded for resentencing. Judge Riley, concurs.
071788P.pdf 06/06/2008 United States v. Mark Davidson
U.S. Court of Appeals Case No: 07-1788
U.S. District Court for the Western District of Missouri - St. Joseph
[PUBLISHED] [Colloton, Author, with Riley and Benton, Circuit Judges]
Criminal case - criminal law and sentencing. Police had probable cause
to believe defendant was the driver of a stolen vehicle, and the district
court did not err in suppressing evidence seized following his arrest;
district court did not err in finding defendant was an armed career
criminal or in setting his offense level; argument that his prior felonies
should not be counted as separate prior convictions for purposes of
sentencing under Section 924(e) rejected.