162436P.pdf   07/24/2017  United States  v.  Ryan William McMillan
   U.S. Court of Appeals Case No:  16-2436
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Murphy, Author, with Gruender and Kelly, Circuit Judges] 
   Criminal case - Sentencing. The district court erred in finding 
   defendant's conviction for third degree riot for the benefit of a gang in 
   violation of Minn. Stat. Sec. 609.71, Subd. 3 (2009) was a crime of 
   violence for sentencing purposes because the offense does not 
   automatically qualify as a crime of violence under the force clause of 
   Guidelines Sec. 4B1.2(a)(1) as the statute encompasses crimes against 
   property; the offense may, however, qualify under the 2015 version of the 
   residual clause of Guidelines Sec. 4B1.2(a) which was in effect at the 
   time of sentencing; the matter is remanded, therefore, to permit the 
   district court to determine whether the conviction qualified under the 
   residual clause and, if so, whether the district court should consider the 
   proposed amendment to the section which was pending at the time. Judge 
   Gruender, dissenting.