United States v. Joshua Clifton , 336 F. App'x 590 ( 2009 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 08-1398
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United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the
v. * Western District of Missouri.
*
Joshua R. Clifton, * [UNPUBLISHED]
*
Appellant. *
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Submitted: October 13, 2008
Filed: March 24, 2009
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Before COLLOTON, BOWMAN, and BENTON, Circuit Judges.
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PER CURIAM.
Joshua Ryan Clifton pled guilty to being a felon in possession of ammunition,
in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). The district court applied a
“crime of violence” sentencing enhancement due to a prior Missouri conviction for
auto tampering, and imposed a 120-month sentence, the statutory maximum. Clifton
appeals, arguing that auto tampering does not qualify as a crime of violence under
U.S.S.G. § 4B1.2. In United States v. Williams, 537 F.3d 969 (8th Cir. 2008), this
court held that auto tampering is not a crime of violence. Accordingly, this court
vacates the sentence, and remands for resentencing.
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