Colorado convictions for third degree misdemeanor assault qualify as crimes of violence for sentence enhancement under U.S.S.G. § 2K2.1(a)(1)

SENTENCING United States v. Krejcarek, No. 04-1531, ___ F.3d ___ (10th Cir. Jul. 12, 2006)(Colorado). Appeal of sentence for: (1) possession of firearm by restrained and prohibited person in violation of 18 U.S.C. § 922(g)(1); and (2) possession of unregistered short-barreled shotgun in violation of 26 U.S.C. § 5861. HELD: District court did not err by enhancing defendant’s sentence under U.S.S.G. § 2K2.1(a)(1) for three prior Colorado misdemeanor convictions for third degree assault. Because conduct necessary to support defendant’s misdemeanor assault convictions presented serious potential risk of physical injury to another, those convictions were properly classified by district court as crimes of violence as defined by U.S.S.G. § 4B1.2(a)(2) for purposes of sentencing under U.S.S.G. § 2K2.1(a)(1). Read the opinion here.