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76 Mo. L. Rev. 283 (2011)
Swimming against the Tide: The Eighth Circuit Holds That Fleeing a Police Officer in a Motor Vehicle is Not a Crime of Violence

handle is hein.journals/molr76 and id is 285 raw text is: NOTE Swimming Against the Tide: The Eighth Circuit Holds That Fleeing a Police Officer in a Motor Vehicle Is Not a Crime of Violence United States v. Tyler, 580 F.3d 722 (8th Cir. 2009). NICHOLE WALSCH* I. INTRODUCTION In 2009, the U.S. Court of Appeals for the Eighth Circuit held that the Minnesota offense of fleeing a peace officer in a motor vehicle is not a crime of violence for the purposes of the Federal Sentencing Guidelines.1 Under the Federal Sentencing Guidelines (Sentencing Guidelines), a crime of vi- olence is defined as any state or federal offense punishable by imprisonment for a term exceeding one year that involves the use of physical force against another person or that is burglary of a dwelling, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious poten- tial risk of physical injury to another.2 If the offender has two prior convic- tions for crimes of violence or controlled substances offenses, the court may consider the defendant a career offender,3 which could result in a much stiffer sentence. * B.A., University of Central Missouri (formerly Central Missouri State Uni- versity), 2008; J.D. Candidate, University of Missouri School of Law, 2011; Note and Comment Editor, Missouri Law Review, 2010-2011. I would like to thank everyone who assisted in editing this Note for their much appreciated suggestions and advice. I would also like to thank my family for their continued love and support. 1. 580 F.3d 722, 723 (8th Cir. 2009). Throughout this Note the terms peace officer and police officer are used interchangeably to refer to state law enforce- ment personnel; however, the usage in this Note generally tracks the language of the applicable state statute. 2. U.S. SENTENCING GUIDELINES MANUAL § 4B1.2(a) (2009). 3. The Sentencing Guidelines state: (a) A defendant is a career offender if (1) the defendant was at least eigh- teen years old at the time the defendant committed the instant offense of conviction; (2) the instant offense of conviction is a felony that is either a crime of violence or a controlled substance offense; and (3) the defendant has at least two prior felony convictions of either a crime of violence or a controlled substance offense. Id. § 4B1.1(a).

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