United States v. Bartee

Defendant Quincy Donell Bartee pleaded guilty to one count of being a felon in possession of a firearm and was sentenced to a 43-month term of imprisonment. The only issue on appeal is whether it was error to find that defendants prior felony conviction for attempted criminal sexual conduct in the second degree (CSC-2) constituted a "crime of violence" that would justify a base offense level of 22 rather than 20. UNITED STATES SENTENCING GUIDELINES MANUAL (USSG) § 2K2.1(a)(3) and (4) (2006). After review of the record, and in light of the recent decision in Begay v. United States, 128 S.Ct. 1581 (2008), we vacate defendants sentence and remand for resentencing consistent with this opinion.