United States v. Benton

Defendant-Appellant Wayne Benton challenged his sentence. Benton pled guilty to one count of being a felon in possession of a firearm. His presentence investigation report (PSR) concluded Benton’s 2006 Kansas conviction for aggravated assault with a deadly weapon was a crime of violence as defined in the U.S. Sentencing Guidelines, which applied to his guilty plea, resulted in a six-level enhancement. Benton appealed, arguing his aggravated assault with a deadly weapon conviction did not qualify as a crime of violence, and that he should have had a base offense of 14 and a corresponding Guidelines range of 51 to 63 months, instead of the 92 to 115 month range he ultimately received. Benton argued that aggravated assault with a deadly weapon could not be a crime of violence because, in some cases, a perpetrator may commit the crime with a harmless object. Yet, under Kansas law, the actual ability to effectuate harm is irrelevant because assault “requires only an apparent ability, not a present ability, to do bodily harm.” The Tenth Circuit concluded the 2006 aggravated assault with a deadly weapon conviction qualified as a predicate offense under the Sentencing Guidelines and affirmed the district court. View "United States v. Benton" on Justia Law