United States v. Calshaun Hicks, 374 F. App'x 673 (8th Cir. 2010). · Go Syfert
United States v. Calshaun Hicks, 374 F. App'x 673 (8th Cir. 2010). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
Cited for
At page 673 Reviewing prior conviction as crime of violence1 citing case“We conclude that Hicks’s Nebraska conviction for attempted robbery qualifies as a crime of violence.”the opinion's own words at *673
  • United States v. Jonathon Lamb, 638 F. App'x 575 (8th Cir. 2016).unpublished
    See United States v. Hicks, 374 Fed.Appx. 673, 673-74 (8th Cir.2010) (Nebraska attempted robbery); United States v. Forrest, 611 F.3d 908, 911 (8th Cir.) (Colorado robbery), cert. denied, 562 U.S. 1053 , 131 S.Ct. 622 , 178 L.Ed.2d 451 (20…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Calshaun HICKS, Also Known as Joker, Appellant
09-1641.
Court of Appeals for the Eighth Circuit.
Apr 1, 2010.
Unpublished opinion
374 F. App'x 673
Maria R. Moran, Assistant U.S. Attorney, U.S. Attorney’s Office, Omaha, NE, for Appellee., Calshaun Hicks, Beaumont, TX, pro se., Glenn Alan Shapiro, Gallup & Schaefer, Omaha, NE, for Appellant.
Melloy, Bowman, Smith.
Cited by 1 opinion  |  Unpublished
PER CURIAM.

Calshaun Hicks challenges the sentence imposed on him by the district court [1] after he pleaded guilty to a cocaine-base conspiracy offense. On appeal, Hicks’s counsel has filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and has moved to withdraw, arguing that the district court improperly sentenced Hicks as a career offender, because the two convictions underlying career offender status were not “crimes of violence.” See U.S.S.G. § 4B1.1 (career offender Guideline).

We review de novo the district court’s determination that a prior conviction constitutes a “crime of violence” for purposes of career offender status. See United States v. Davis, 583 F.3d 1081, 1092-93 (8th Cir.2009). We conclude that Hicks’s Nebraska conviction for attempted robbery qualifies as a crime of violence. See U.S.S.G. § 4B1.2(a)(l) (defining “crimes of violence” as crimes that have “as an element, the use, attempted use, or threatened use of physical force against the person of another”); Neb.Rev.Stat. § 28-324(1) (1989) (“person commits rob[*674] bery if, with the intent to steal, he forcibly and by violence, or by putting in fear, takes from the person of another any money or personal property of any value whatever”); United States v. Sawyer, 588 F.3d 548, 555-56 (8th Cir.2009) (attempted robbery was crime of violence); see also U.S.S.G. § 4B1.2, comment. (n.l). Hicks’s federal conviction for aiding and abetting a carjacking is also a crime of violence. See 18 U.S.C. § 2119 (person commits carjacking if he takes motor vehicle “from the person or presence of another by force and violence or by intimidation”); United States v. Brown, 550 F.3d 724, 728 (8th Cir.2008) (under Guidelines, “crime of violence” includes offense of aiding and abetting).

We reject counsel’s additional argument that Hicks’s sentence, which falls at the bottom of the Guidelines range, is unreasonable. See Rita v. United States, 551 U.S. 338, 347-50, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007) (approving appellate presumption of reasonableness for sentences within properly calculated Guidelines range); United States v. Feemster, 572 F.3d 455, 461 (8th Cir.2009) (en banc) (standard of review). Finally, having reviewed the record under Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), for any nonfrivolous issues, we find none.

Accordingly, we affirm, and we grant counsel’s motion to withdraw.

1

. The Honorable Laurie Smith Camp, United States District Judge for the District of Ne-braslca.