United States v. Lee, 631 F.3d 1343

Lee, convicted felon in possession of a firearm, was sentenced to 120 months on remand after the district court treated him as a career offender based on two New Jersey felonies: eluding police in the second degree and conspiracy to commit armed robbery.
On initial sentencing, Lee had been deemed an armed career criminal with three NJ violent felonies (walkaway escape, eluding, conspiracy).
The first appeal affirmed conviction but vacated and remanded for resentencing because the walkaway escape was not a predicate under ACCA §924(e).
At resentencing, the probation officer classified eluding and conspiracy as crimes of violence, leading to a career-offender sentence under U.S.S.G. § 2K2.1(a)(2).
Lee objected to the classification of eluding as a crime of violence and to the conspiracy conviction’s connection to armed robbery; the district court overruled and imposed the 120-month sentence.
The Eleventh Circuit vacates and remands, holding eluding second degree is a crime of violence, but conspiracy to commit armed robbery is not, requiring resentencing consistent with this decision.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether eluding police in the second degree is a crime of violence under the residual clause	Lee argues eluding is not a crime of violence under §4B1.2(a) residual clause	Government contends eluding creates a serious risk similar to enumerated offenses	Eluding in the second degree is a crime of violence under §4B1.2(a) residual clause
Whether conspiracy to commit armed robbery qualifies as a crime of violence	Lee contends conspiracy to commit armed robbery is a non-overt act conspiracy not a crime of violence	Government concedes the conspiracy does not categorically qualify as a crime of violence	Conspiracy to commit armed robbery is not a crime of violence under §4B1.2(a) (non-overt act conspiracy)

Harris v. United States, 586 F.3d 1283 (11th Cir. 2009) (residual clause analysis for eluding offenses; controls approach to risk and willfulness)
United States v. Harrison, 558 F.3d 1280 (11th Cir. 2009) (distinguishes second vs third degree eluding for violence characterization)
United States v. Whitson, 597 F.3d 1218 (11th Cir. 2010) (conspiracy as crime of violence depends on whether overt act is required; per curiam opinion)
Begay v. United States, 553 U.S. 137 (Supreme Court 2008) (strict-liability and similarity to enumerated offenses; contextual guidance for residual clause)
United States v. Alexander, 609 F.3d 1250 (11th Cir. 2010) (helps assess serious potential risk when evaluating eluding-like offenses)
Beckles v. United States, 565 F.3d 832 (11th Cir. 2009) (contextual framework for evaluating sentencing guideline definitions)
United States v. Lee, 586 F.3d 859 (11th Cir. 2009) (prior decision addressing ACCA predicates; remand for resentencing on other issues)