United States v. Johnson

OPINION OF THE COURT

FISHER, Circuit Judge.

James Henry Johnson pled guilty to one count of unlawful possession of a firearm by a person previously convicted of a felony, in violation of 18 U.S.C. § 922(g)(1). The United States Probation Office assigned Johnson a base offense level of 20 under the United States Sentencing Guidelines based on his 2002 conviction under the Pennsylvania simple assault statute (“PSAS”), 18 Pa. Cons.Stat. § 2701. Johnson challenged that calculation, arguing that his simple assault conviction did not constitute a “crime of violence” under the Guidelines. The District…