United States v. Clark

BENTON, Circuit Judge.

Dion Malcolm Clark pled guilty in district court 1 to unlawful possession of a firearm in violation of 18 U.S.C. § 922(g). He appeals the sentence. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

One of Clark’s prior convictions was for unlawful possession of a firearm under 18 U.S.C. § 922(g). The pre-sentence report concluded that it was a crime of violence under U.S.S.G. § 4B1.2 because the firearm was a sawed-off shotgun. Clark objected to this conclusion, arguing that the categorical approach prohibited the court from examining the underlying facts of…