Crime Against the Unborn Not a Crime of Violence, 10th Cir. Says

An Oklahoma man’s 15-year prison sentence was improper, a US appeals court has ruled, because his prior assault convictions were against an unborn victim, making them ineligible for consideration under federal sentencing guidelines and law for repeat violent offenders.

Those guidelines and the Armed Career Criminal Act don’t encompass Christopher A. Singer’s assault and battery with a deadly weapon convictions, making them ineligible for consideration for his recent felon in possession of ammunition conviction, Judge Allison H. Eid said. The US Court of Appeals for the Tenth Circuit reverseed the district court’s 180-month sentence and remanded the case for re-sentencing. ...