Nevada DUI conviction is crime of violence for sentencing purposes under U.S.S.G. § 4B1.2

SENTENCING United States v. Moore, No. 04-8091, ___ F.3d ___ (10th Cir. Aug. 30, 2005)(Wyoming). Appeal of sentence for being felon in possession of firearm where sentence was enhanced under U.S.S.G. § 4B1.2 for prior Nevada conviction of driving under the influence. HELD: Nevada conviction for driving under the influence is crime of violence for sentencing purposes under U.S.S.G. § 4B1.2. However, because Nevada DUI statute is ambiguous in that it might punish both violent and non-violent conduct, case is remanded to district court for determination of whether circumstances of defendant’s prior conviction show that he was convicted of actually driving under the influence, thereby posing “substantial risk of injury.” Read the opinion here.