U.S. v. Maxwell

Dist. Ct. did not err in sentencing defendant to 120-month term of incarceration on drug distribution charge, even though defendant argued that said sentence was inappropriate because Dist. Ct. applied career offender enhancement based, in part, on Minnesota robbery conviction, which, according to defendant, did not qualify as crime of violence under section 4B1.2(a)(1). Ct. found that said conviction qualified as crime of violence where Minnesota statute had element requiring proof that defendant conveyed force capable of causing pain or injury. Ct. further rejected defendant’s claim that Minnesota statute was broader than language contained in applicable sentencing guidelines because it punishes force applied against “any person” (including individual threatening to injure himself), while section 4B1.2(a)(1) only punishes force applied against “person of another.”