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131779P.pdf 04/29/2014 United States v. Willie Stokes
U.S. Court of Appeals Case No: 13-1779
U.S. District Court for the Southern District of Iowa - Davenport
[PUBLISHED] [Smith, Author, with Bye and Bright, Circuit Judges]
Criminal case - Sentencing. Vehicular flight, as described by Michigan
Code Section 257.602a(1), is a crime of violence and was properly counted
as a predicate offense for career-offender status; the district court's
conclusion that defendant had supported himself for 10 years by selling
drugs was clearly erroneous and since it was a main factor in denying
defendant's request for a downward variance, the error affected his
substantial rights, and the matter must be remanded for resentencing.
Judge Bright, concurring.