The 10th Circuit Court of Appeals has reversed the sentence of Christopher Singer, concluding his prior Oklahoma convictions for assault and battery with a dangerous weapon (Okla. Stat. tit. 21, § 645) do not qualify as “crimes of violence” under the U.S. Sentencing Guidelines or as “violent felonies” under the Armed Career Criminal Act.
Singer, previously sentenced to 180 months for possession of ammunition after a felony, challenged the inclusion of his § 645 convictions in his sentence. The court found that § 645 extends to assaults on unborn victims, which fall outside the federal definitions of crimes of violence. Citing prior 10th Circuit precedent, the court held that where a state statute covers conduct not included in the federal definition, it cannot serve as a basis for sentence enhancement.
The case is remanded for resentencing consistent with the ruling.
Read the full published opinion at ca10.uscourts.gov/sites/ca10/files/opinions/010111374543.pdf.