Antonio Minnis v. United States

When a criminal defendant’s prior conviction is for an offense listed as a crime of violence in U.S.S.G. § 4B1.2(a)(2) – such as attempted aggravated assault – and the elements and range of conduct that can result in conviction are broader under state law than under the generic version of the offense, the conviction is not for a crime of violence and cannot serve as a predicate for enhanced federal sentencing. Mathis v. United States, 136 S.Ct. 2243 (2016); Descamps v. United States, 133 S.Ct. 2276 (2013). The elements of the generic crime of attempted aggravated assault are the formation of an intent to commit a crime and the taking of a substantial step in furtherance of the intention. Although the elements of attempted first degree assault under Missouri law are the same, the Missouri Supreme Court recently affirmed a conviction despite the absence of evidence that the defendant’s formation of intent preceded his taking of a substantial step toward commission of the crime. State v. Lammers, 479 S.W.3d 624 (Mo. 2016). The question presented is: Whether under U.S.S.G. § 4B1.1, when the elements of a generic offense and a state’s codification and interpretation of that offense are the same but the scope of punishable conduct is greater under state law for another reason – e.g., the state supreme court’s relaxed interpretation of the sequencing of elements sufficient to support conviction – prior conviction of that state crime can serve as a predicate for enhanced federal sentencing.