United States v. Arthur Smith

OPINION

ROGERS, Circuit Judge.

Arthur Smith was sentenced as a career offender based in part on his prior North Carolina state conviction for common-law robbery. In this appeal, he contends that North Carolina common-law robbery does not qualify as a “crime of violence” within the meaning of § 4Bl.l(a) of the United States Sentencing Guidelines. This is the second time Smith has asked us to resolve this question. In 2014, another panel of this court heard Smith’s case and concluded that North Carolina common-law robbery indeed qualifies as a crime of violence under the Guidelines’ so-called…