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164140P.pdf   07/20/2017  United States  v.  Phillip Fields
   U.S. Court of Appeals Case No:  16-4140
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Melloy, Author, with Loken and Murphy, Circuit Judges] 
   Criminal case - Sentencing. Defendant's conviction for second-degree 
   assault under Missouri Revised Section 560.060.1(3) was not a crime of 
   violence because the section also encompasses reckless driving - see 
   United States v. Ossana, 638 F.3d 895 (8th Cir. 2011); Ossana is still 
   dispositive of the case and the Supreme Court's decision in Voisine v. 
   United States, 136 S.Ct. 2272 (2016) and this court's decision in United 
   States v. Fogg, 836 FD.3d 951 (2016) do not compel a different result. 
   Reversed and remanded for resentecing. Judge Loken, dissenting.