Colorado conviction for third-degree assault is crime of violence under U.S.S.G. § 4B1.2(a)(2)

SENTENCING United States v. Paxton, No. 04-1427, ___ F.3d ___ (10th Cir. Sep. 9, 2005)(Colorado). Appeal of sentence for being felon in possession of firearm in violation of 18 U.S.C. § 922(g)(1). HELD: Sentence enhancement for prior conviction of crime of violence is affirmed. Colorado conviction for third-degree assault is crime of violence under U.S.S.G. § 4B1.2(a)(2) because conduct necessary to sustain conviction presents serious potential risk of physical injury to another. Read the opinion here.