United States v. Bettcher

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In May 2016, Anthony Bettcher pleaded guilty to possessing a firearm as a felon. Afterward, a probation officer reviewed Bettcher’s past, including his criminal history, and prepared a Presentence Investigation Report (PSR). The PSR informed the district court that in 2013, the State of Utah had charged Bettcher with second-degree aggravated assault. In the PSR, the probation officer recommended treating this earlier conviction as a crime of violence, which if adopted would enhance Bettcher’s base offense level. The government objected when the district court refused to consider the Utah aggravated assault as a "crime of violence" under the federal sentencing rules. The issue was brought before the Tenth Circuit Court of Appeals. Specifically, the Court was presented with the question of whether Utah's second-degree aggravated-assault offense categorically qualified as a "crime of violence" under the elements clause in the federal sentencing guidelines. The Tenth Circuit held the Utah offense did qualify, and reversed the district court's decision to the contrary, and remanded for resentencing. View "United States v. Bettcher" on Justia Law