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U.S. v. DAMON

No. 97-1032.

127 F.3d 139 (1997)

UNITED STATES of America, Appellee, v. Ira W. DAMON, III, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 6, 1997.

Attorney(s) appearing for the Case

F. Mark Terison, Assistant U.S. Attorney, with whom Jay P. McCloskey, United States Attorney, and James Moore, Assistant U.S. Attorney, were on brief, for appellee.

Jeffrey Silverstein, with whom Billings & Silverstein was on brief, for defendant, appellant.

Before LYNCH, Circuit Judge, HILL and GIBSON, Senior Circuit Judges.

LYNCH, Circuit Judge.

Under the U.S. Sentencing Guidelines, punishment for an offense is, at times, increased when the defendant was previously convicted of unrelated crimes. This case presents serious issues of both substance and procedure in this "enhancement" process. The substantive issue is whether the crime of aggravated criminal mischief under state law is categorically a "crime of violence" under U.S.S.G. § 4B1.2(1), thus warranting an increase in sentence...

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