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151261P.pdf 03/07/2016 United States v. Leonard Ellis
U.S. Court of Appeals Case No: 15-1261
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Colloton, Author, with Gruender and Shepherd, Circuit Judges]
Criminal case - Sentencing. The district court did not err in finding that
defendant's prior felony conviction for violation of Mo. Rev. Stat.
Section 575.150 was a crime of violence within the meaning of Guidelines
Sec. 4B1.2(a); if there was error in applying the residual clause to
defendant's prior conviction under Johnson, an issue not raised below, the
error is not obvious or plain and defendant is not entitled to relief
under the plain-error standard of review; defendant is not entitled to
plain error relief on his argument that the district court erred in
considering his prior conviction for resisting arrest by fleeing because
it was not a conviction for which he received criminal history points.
Judge Shepherd concurring in part and dissenting in part.