United States v. Michael Calabretta

OPINION

CHAGARES, Circuit Judge.

At issue in this appeal is whether Michael Calabretta’s prior state conviction for eluding in the second degree qualifies as a “crime of violence” under the advisory United States Sentencing Guidelines (the “Guidelines,” or “U.S.S.G.”). In light of Johnson v. United States, — U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), we hold that the District Court plainly erred in considering the state conviction to be a “crime of violence” under the Guidelines. We will vacate Calabretta’s sentence and remand for resentencing.

I

On March 15, 2013, Calabretta pleaded guilty…