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102205P.pdf   04/22/2011  United States  v.  Timothy Ossana
   U.S. Court of Appeals Case No:  10-2205
   U.S. District Court for the Eastern District of Missouri - Cape Girardeau   
   [PUBLISHED] [Melloy, Author, with Murphy and Hansen, Circuit Judges]
   Criminal Case - sentence. Including Arizona conviction for aggravated
   assault as a prior conviction for a crime of violence under 2K2.1(a)(4)(A)
   was error. Arizona statute which involves merely reckless use of a
   vehicle is not a crime of violence, and thus, utilizing the modified
   categorical approach to analyze Ossana's conviction involving aggravated
   assault by means of a vehicle, the possibility remains that Ossana's
   conviction was not a crime of violence Remand is necessary to allow
   expansion of the record.