United States v. Robby Robinson

OPINION

BEA, Circuit Judge:

This case presents the question whether the Washington crime of second-degree assault, see Wash. Rev. Code § 9A.36.021, is a “crime of violence” within the meaning of section 2K2.1 of the U.S. Sentencing Guidelines. We conclude that it is not, and we vacate the defendant’s sentence and remand for resentencing.

I. Background

During an argument with his girlfriend’s mother, Robby Robinson produced a .22 caliber assault rifle from a vehicle that was parked outside the mother’s house. Robinson’s girlfriend and her son both called 911. Robinson fled the scene before the…