U.S. v. Tyson

In prosecution on firearm charge, Dist. Ct. erred in imposing defendant’s sentence based on finding that defendant’s prior Wisconsin burglary conviction constituted “crime of violence” under section 2K2.1(a)(2) of USSG, since said conviction could not serve as predicate offense under section 2K2.1(a). However, defendant was not entitled to new sentencing hearing under instant plain error standard, since: (1) although Dist. Ct. set incorrect base offense level, its 50-month sentence was still 13 months below low end of correct sentencing range; and (2) there was no indication in record that calculation error affected fairness or integrity of defendant’s sentencing hearing.