United States v. Defabian Shannon

I agree with the majority’s decision in two respects. I agree that the district court did not commit clear error when it found that Shannon’s involvement in a prior uncharged homicide warranted an upward departure. Likewise, I concur in the judgment that the district court did not abuse its discretion in applying the doctrine of the law of the ease. I dissent because I am convinced that Shannon’s Wisconsin state court conviction for the felony charge of second-degree sexual assault of a child represents a prior conviction for a “crime of violence” under § 4B1.2(l)(ii) of the Guidelines, and I…