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.
222308P.pdf 07/21/2023 United States v. Johnathan Brown
U.S. Court of Appeals Case No: 22-2308
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Colloton, Author, with Melloy and Gruender, Circuit Judges]
Criminal case - Sentencing. Missouri Revised Statute Sec. 575.150.1
regarding resisting arrest is divisible into multiple offenses, and the
court must apply the modified categorical approach to determine whether
the section under which defendant was convicted is a crime of violence;
here the charging document and the judgment in the Missouri case show that
defendant pleaded guilty to resisting arrest by using or threatening
physical force or violence, and his conviction was a crime of violence for
federal sentencing purposes; the district court did not err in using the
conviction to determine defendant's base offense level under Guidelines
Sec. 2K2.1(a)(4)(A).