United States v. Mark Lynn Fitzhugh

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This case concerns the issue of whether a district court may consider conduct of which the defendant was not charged and convicted in determining whether his offense is a “crime of violence” for the purposes of the career offender provision of the Sentencing Guidelines. Although we have held that such a practice was appropriate under a prior version of this provision, amendments to the Guidelines in 1989 and 1991 make clear that the sentencing court should not consider such conduct. Because the district court considered underlying conduct here, we vacate…