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131802P.pdf   01/16/2014  United States  v.  Terys Boose
   U.S. Court of Appeals Case No:  13-1802
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
[PUBLISHED] [Bye, Author, with Riley, Chief Judge, and Gruender, Circuit Judge] Criminal case - Sentencing. Boose's prior Arkansas conviction for first-degree battery under Arkansas Code Annotated Sec. 5-13-201(a)(3)was not a crime of violence for purposes of Sentencing Guideline Sec. 4B1.1; since Boose lacked the two predicate crimes of violence needed to qualify as a career offender, his sentence is vacated and the matter is remanded for resentencing; because the government had a full and fair opportunity to present its evidence on this issue, there is no reason to allow the government to expand the record on remand.