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United States of America v. James K. Taylor

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ARGUED DECEMBER 6, 2010

Before BAUER and WILLIAMS, Circuit Judges, and MCCUSKEY, District Judge.*fn1

James K. Taylor pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1) and was sentenced to 64 months’ imprisonment. His sentence was based in part on the district court’s conclusion that his prior Indiana conviction for Class C felony battery, Ind. Code § 35-42-2-1(a)(3), qualified as a “crime of violence” under § 4B1.2(a) of the federal sentencing guidelines, enhancing his recommended base offense level. Taylor appeals the district court’s finding, arguing that his battery conviction was not a crime of violence for the purposes of the federal sentencing guidelines. We find that the Indiana battery offense of which Taylor was convicted-touching someone in a rude, insolent, or angry manner by means of a deadly weapon-qualifies as a crime of violence because such conduct will ordinarily involve, at a minimum, the threatened use of physical force. We affirm.

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