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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
United States v. Tyler, 580 F.3d 722 (8th Cir. 2009).
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.
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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