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Lee: Conspiracy not "Crime of Violence"

By Tim Cone

In U.S. v. Lee, No. 10-10926 (Feb. 2, 2011)the Court held that a prior New Jersey conviction for conspiracy to commit armed robbery did not qualify as a ?crime of violence? for purposes of the Guidelines career offender enhancement, but a prior New Jersey conviction for eluding police did so qualify.The Court noted that it had previously held that a non-overt act conspiracy is not a ?crime of violence? for career offender purposes. New Jersey?s statute criminalizing conspiracy to commit armed robbery did not require an overt act. It therefore did not qualify as a ?crime of violence.?As for the eluding police conviction, the Court noted that the offense involves a motorist who ?knowingly? flees after receiving a signal from law enforcement, in a flight that ?creates a risk of death or injury to any person...continue to full post

Full post as published by Defense Newsletter Blog on February 04, 2011 (boomark / email).