In U.S. v. Lee, No. 10-10926 (Feb. 2, 2011)
the Court held that a prior New Jersey conviction for conspiracy to commit armed robbery did not qualify as a “crime of violence” for purposes of the Guidelines career offender enhancement, but a prior New Jersey conviction for eluding police did so qualify.
The Court noted that it had previously held that a non-overt act conspiracy is not a “crime of violence” for career offender purposes. New Jersey’s statute criminalizing conspiracy to commit armed robbery did not require an overt act. It therefore did not qualify as a “crime of violence.”
As for the eluding police conviction, the Court noted that the offense involves a motorist who “knowingly” flees after receiving a signal from law enforcement, in a flight that “creates a risk of death or injury to any person.” The Court found that such a motorist poses a danger to himself, other drivers, passengers, pedestrians and law enforcement officers. The Court concluded that fleeing at high speed amounts to holding a finger on the trigger of a deadly weapon. The offense therefore qualified as a crime of violence..
