United States v. Bettcher

PHILLIPS, Circuit Judge.

We must decide whether Utah's second-degree aggravated-assault offense categorically qualifies as a "crime of violence" under the elements clause provided in the federal sentencing guidelines. See *1042 U.S. Sentencing Guidelines Manual § 4B1.2(a)(1) (U.S. Sentencing Comm'n 2015). Because we hold that the Utah offense does qualify, we reverse the district court's contrary decision and remand for resentencing.

BACKGROUND

In May 2016, Anthony Bettcher pleaded guilty to possessing a firearm as a felon. See 18 U.S.C. § 922 (g)(1). Afterward, a probation officer reviewed…