DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
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.