072679P.pdf   08/11/2008  United States  v.  Kenneth Williams
   U.S. Court of Appeals Case No:  07-2679
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Melloy, Author, with Wollman and Hansen, Circuit Judges]
   Criminal case - Sentencing. Applying Missouri law, the court
   concludes that auto theft by deception, auto theft without consent and
   auto tampering are not crimes of violence for purposes of Guidelines Sec.
   2K2.1(a)(2); Begay v. United States, 128 S.Ct. 1581 (2008), compels the
   court to disregard U.S. v. Sun Bear, 307 F.3d 747 (8th Cir. 2002) and its
   progeny to the extent the Supreme Court uses reasoning that conflicts
   with the rationale that this court used to determine that auto theft and
   auto tampering were crimes of violence; the court cannot determine from
   the record which of the three offenses described by R.S. Mo. Sec. 570.030
   defendant committed; accordingly, on remand, the district court should
   consider permissible materials and determine the particular offense
   involved in defendant's auto theft conviction to determine whether the
   offense qualifies as a crime of violence.