Legal Opinion

United States v. Ash

Court of Appeals for the Tenth Circuit

Decided March 12, 2019No. 17-3223 & 17-3245PublishedCited by 12 opinions

1Opinion of the Court

LUCERO, Circuit Judge.

In this cross-appeal, the parties challenge two district court rulings that considered whether certain offenses are crimes of violence under U.S.S.G. § 4B1.2(a). Intervening authority resolves both challenges. First, the Supreme Court recently determined that robbery qualifies as a crime of violence if the offense requires the perpetrator to overcome victim resistance. Stokeling v. United States , --- U.S. ----, 139 S.Ct. 544 , 549, --- L.Ed.2d ---- (2019). We thus hold that Dustin Ash's Missouri conviction for second-degree robbery is a crime of violence. Second, our…

2Cases cited27 opinions

  1. Mathis v. United StatesSupreme Court of the United States · 2016
  2. Johnson v. United StatesSupreme Court of the United States · 2010
  3. Leocal v. AshcroftSupreme Court of the United States · 2004
  4. Stokeling v. United StatesSupreme Court of the United States · 2019
  5. Voisine v. United StatesSupreme Court of the United States · 2016

22 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. United States v. Bobby DinkinsCourt of Appeals for the Fourth Circuit · 2019
  2. United States v. ManzanaresCourt of Appeals for the Tenth Circuit · 2020
  3. Tony Lipscomb v. United StatesCourt of Appeals for the Seventh Circuit · 2019
  4. Steven Dotson v. United StatesCourt of Appeals for the Seventh Circuit · 2020
  5. United States v. WinderCourt of Appeals for the Tenth Circuit · 2019

7 more not listed; retrieve them via the Exa API.

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