DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
221295P.pdf 08/10/2023 United States v. Remberto Rivera
U.S. Court of Appeals Case No: 22-1295
U.S. District Court for the Western District of Arkansas - Fayetteville
[PUBLISHED] [Erickson, Author, with Kelly and Stras, Circuit Judges]
Criminal case - Sentencing. Under the law of this circuit, the district
court did not err in determining defendant's prior Arkansas conviction for
Accomplice to Robbery qualified as a crime of violence, and the district
court did not err in classifying defendant as a career offender within the
meaning of Guidelines Sec. 4B1.1; the district court did not err in
applying the dangerous weapons enhancement under Guidelines Sec.
2D1.1(b)(1) as it was not clearly improbable that the weapon was connected
to defendant's drug offense; the district court did not err in imposing a
two-level enhancement for reckless endangerment during flight pursuant to
Guidelines Sec. 3C1.2. Judge Stras concurring in part and concurring in
the judgment.