United States v. Williams

COLLOTON, Circuit Judge, with whom LOKEN, Chief Judge, and RILEY, Circuit Judge,

join, dissenting from denial of rehearing en banc.

The panel opinion in this case, United States v. Williams, 537 F.3d 969 (8th Cir.2008), overruled settled precedent of this court holding that the offenses of auto theft without consent and tampering by operation in Missouri are “crimes of violence” within the meaning of USSG § 4B1.2. See United States v. Scott, 413 F.3d 839, 840 (8th Cir.2005) (auto theft); United States v. Bockes, 447 F.3d 1090, 1092-93 (8th Cir.2006) (tampering by operation); see also United…