U.S. v. Vesey

Dist. Ct. did not err in sentencing defendant to 72-month term of incarceration on unlawful possession of firearm charge, where said sentence was based, in part, on finding that defendant’s prior Illinois aggravated assault conviction qualified as crime of violence for enhanced sentencing purposes under section 2K2.1(a)(4)(A) of USSG. Illinois aggravated assault conviction qualified as crime of violence under elements clause as set forth in section 4B1.2(a), since said Illinois offense had as element use, attempted use or threatened use of force, where review of relevant documents indicated that defendant had swung shower curtain at police officer, and that defendant was close enough for officer to have had reasonable apprehension of some sort of physical touching by defendant. Fact that Illinois aggravated assault offense is general intent crime did not prevent its classification as crime of violence for Guideline purposes.