United States v. Snyder, 2017 WL 1149077 (March 28, 2017) (WY)

By Shari Allison
Federal Public Defender Office, District of New Mexico
Apr 3, 2017

In a terse opinion, the panel says that after Beckles, a conviction for voluntary manslaughter is a crime of violence as defined in USSG § 4B1.2(a)(2)’s residual clause. It pointed out that Madrid, 805 F.3d 1204, was “partially abrogated” by Beckles. It also noted that the guidelines are not vulnerable to a Due Process challenge because Beckles said “the advisory guidelines do not fix the permissible range of sentences . . . .they merely guide the exercise of a court’s discretion in choosing an appropriate sentence within the statutory range.” (Editor's note: There is some question as to the applicability of Beckles to sentences imposed prior to Booker, when the guidelines were mandatory.)