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U.S. v. BETTCHER

No. 16-4165.

911 F.3d 1040 (2018)

UNITED STATES of America, Plaintiff-Appellant, v. Anthony Wayne BETTCHER, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED December 21, 2018.

Attorney(s) appearing for the Case

William Glaser , Attorney, Criminal Division, Appellate Section, Department of Justice, Washington, D.C. ( John W. Huber , United States Attorney, and Ryan D. Tenney , Assistant United States Attorney, Salt Lake City, Utah, on the briefs), for Plaintiff-Appellant.

Benjamin C. McMurray , Assistant Federal Public Defender ( Kathryn N. Nester , Federal Public Defender, and Scott Keith Wilson , Assistant Federal Public Defender, with him on the brief), Salt Lake City, Utah, for Defendant-Appellee.

Before PHILLIPS, McHUGH, and MORITZ, Circuit Judges.

We must decide whether Utah's second-degree aggravated-assault offense categorically qualifies as a "crime of violence" under the elements clause provided in the federal sentencing guidelines.1 See U.S. Sentencing Guidelines Manual § 4B1...

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