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UNITED STATES of America, Appellee,
v.
Joshua R. CLIFTON, Appellant
v.
Joshua R. CLIFTON, Appellant
08-1398.
Court of Appeals for the Eighth Circuit.
Mar 24, 2009.
Unpublished opinion
336 F. App'x 590
Travis D. Poindexter, Asst. Fed. Public Defender, Kansas City, MO (Raymond C. Conrad, Jr., Fed. Public Defender, on the brief), for appellant., Philip M. Koppe, Brent B. Venneman, Asst. U.S. Attys., Kansas City, MO (John F. Wood, U.S. Atty., on the brief), for appellee.
Colloton, Bowman, Benton.
Unpublished
PER CURIAM.
Joshua Ryan Clifton pled guilty to being a felon in possession of ammunition, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). The district court applied a “crime of violence” sentencing enhancement due to a prior Missouri conviction for auto tampering, and imposed a 120-month sentence, the statutory maximum. Clifton appeals, arguing that auto tampering does not qualify as a crime of violence under U.S.S.G. § 4B1.2. In United States v. Williams, 537 F.3d 969 (8th Cir.2008), this court held that auto tampering is not a crime of violence. Accordingly, this court vacates the sentence, and remands for re-sentencing.