Eighth Circuit: United States v. Cody James Horse Looking

Sentencing, Predicates


Under modified categorical analysis, a state domestic violence statute is not a predicate crime of violence, as court might have convicted under the provision prohibiting making of a credible threat.  Although the sentencing colloquy established that physical violence occurred, the violence might have been in furtherance of the credible threat.


United States  v.  Cody James Horse Looking