Oklahoma conviction for battery on police officer is crime of violence for purpose of career offender sentence enhancement

SENTENCING United States v. Williams, No. 08-3159, ___ F.3d ___ (10th Cir. Mar. 18, 2009)(Kansas). Appeal of sentence for bank robbery in violation of 18 U.S.C. § 2113(a). HELD: District court did not err by imposing career offender sentence enhancement under USSG §§ 4B1.1 and 4B1.2 for defendant’s prior Oklahoma conviction for battery on police officer. As defined by Oklahoma statute, battery on police officer involves purposeful, aggressive, and violent conduct that by its nature creates serious potential risk of physical injury. Such crime, therefore, categorically qualifies as crime of violence under § 4B1.2(a)(2)’s definition. Read the opinion here.