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Federal Prisoner's Conviction for Contraband Weapon a Crime of Violence
The Third Circuit found that U.S.S.G. § 4B1-2(a)(2) includes as a crime of violence an offense that involves conduct that presents a serious potential risk of physical injury to another." The Court held that a prisoner's possession of a weapon in prison inherently, by its nature," presents a serious potential risk of physical injury" to other persons in prison. The Court noted this decision is consistent with its previous holding that a felony conviction for escape is a crime of violence even though the defendant absented himself from prison without violence.
The district court's sentence of 41 months as a career offender imposed in this case was affirmed. See: United States v. Keeney, 310 F.3d 135 (3rd Cir. 2002).
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Related legal case
United States v. Keeney
|Cite||310 F.3d 135 (3rd Cir. 2002)|
|Level||Court of Appeals|