United States v. Leland Schneider

STRAS, Circuit Judge.

We consider whether "willful" aggravated assault under North Dakota law qualifies as a "crime of violence" under the United States Sentencing Guidelines. We conclude that it does not and accordingly vacate and remand for resentencing.

I

In 2012, Leland Schneider pleaded guilty to felony aggravated assault in North Dakota state court. The conviction arose from a violent domestic dispute in which Schneider pinned down his then-girlfriend and placed his forearm over her throat. When she tried to flee to safety, he kicked the windshield of her car until it broke free, drove off…