United States v. Doyle

I respectfully dissent. I would reverse the sentence and remand for resentencing without application of the Armed Career Criminal provision of the Guidelines in light of Sykes v. United States, — U.S. -, 131 S.Ct. 2267, 180 L.Ed.2d 60 (2011).

I

I agree with the majority that this appeal involves the type of state statute about which Sykes reserved discussion— the Court specifically declined to address proper interpretation of statutes like Tennessee’s, where the state both distinguishes between simple vehicular flight and vehicular flight that poses a risk of injury to others, and punishes the…