United States v. Steward

The government appeals the district court’s 1 determination that Samuel Melbern Steward’s prior Iowa conviction for operating a vehicle without the owner’s consent (OVWOC) does not qualify as a “crime of violence” under U.S.S.G. § 4B 1.2(a). We affirm.

I. Background

Steward was indicted for and pleaded guilty to one count of conspiracy to distribute 50 grams or more of cocaine base, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), and 846. At the time of his conviction, Steward had two prior felonies: an OVWOC conviction, in violation of Iowa Code § 714.7, and a conviction for assault with…