111774P.pdf   06/28/2012  United States  v.  Laquann Dawn
   U.S. Court of Appeals Case No:  11-1774
   U.S. District Court for the Western District of Arkansas - El Dorado   
   [PUBLISHED] [Smith, Author, with Colloton and Gruender, Circuit Judges]
   Criminal case - Sentencing. The district court erred by failing to apply
   the modified categorical approach to determine whether Dawn's prior
   Arkansas conviction for second-degree battery was for a crime of
   violence; second-degree sexual assault in Arkansas is categorically a crime
   of violence and the district court did not err by determining that Dawn's
   conviction for second-degree sexual assault was a crime of violence for
   the purposes of Guidelines Sec. 4B1.1; the facts justify an expansion of
   the record on remand as the district court did not give the government or
   Dawn an opportunity to proffer evidence as to whether Dawn's second-
   degree battery conviction was for a crime of violence, and on remand,
   both parties may offer evidence on the nature of the conviction.