U.S. v. WALKER

No. 04-1815.

393 F.3d 819 (2005)

UNITED STATES of America, Appellee, v. Ned WALKER, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 6, 2005.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Wallace L. Taylor of Cedar Rapids, IA.

Counsel who presented argument on behalf of the appellee was Charles J. Williams, AUSA, Cedar Rapids, IA.

Before WOLLMAN and HEANEY, Circuit Judges, and HOLMES, District Judge.


HOLMES, District Judge.

The issue in this case is whether Iowa's offense of Operating While Intoxicated ("OWI") is a "crime of violence" under the United States Sentencing Guidelines.

I.

Ned Walker entered a plea of guilty to a charge of conspiracy to distribute methamphetamine. The presentence investigation report stated that his base offense level was 24, which should be reduced three levels for acceptance of responsibility, leaving an offense...

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