U.S. v. THOMAS

No. 10-3023.

643 F.3d 802 (2011)

UNITED STATES of America, Plaintiff-Appellant, v. Kennon D. THOMAS, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 5, 2011.


Attorney(s) appearing for the Case

James A. Brown , Assistant United States Attorney, ( Lanny D. Welch , United States Attorney, with him on the brief), District of Kansas, Topeka, KS, for Plaintiff-Appellant.

Jeff Griffith , Derby, KS, for Defendant-Appellee.

Before KELLY, BALDOCK, and HARTZ, Circuit Judges.


HARTZ, Circuit Judge.

The sole issue on appeal is whether the Kansas offense of eluding a police officer is a "crime of violence" under the United States Sentencing Guidelines (USSG). The district court ruled that the offense was not a crime of violence and the government appeals. We reverse because that ruling is contrary to the Supreme Court's recent decision in Sykes v. United States, ___ U.S. ___, 131 S.Ct. 2267, ___ L...

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