U.S. v. Smith

Dist. Ct. did not err in sentencing defendant to 115-month term of incarceration on firearm and possession of stolen goods charges, where said sentence was based, in part, on imposition of enhancement under section 2K2.1(a)(2) of USSG, due to defendant’s 2008 Iowa conviction for aggravated assault. While defendant argued that his 2008 Iowa conviction did not qualify as “crime of violence” for purposes of enhancement under section 2K2.1(a)(2), which covers offenses that have as element “use, attempted use or threatened use of physical force" against another person, Ct. of Appeals found that said conviction qualified as crime of violence, since subsection of relevant Iowa statute required proof of threat of physical force.