United States v. Sayles, 2012 U.S. App. LEXIS 6276

Sayles pled guilty to being a felon in possession of a firearm under 18 U.S.C. §§ 922(g)(1), 924(a)(2).
At sentencing, the district court applied § 2K2.1(a)(4)(A) and found a prior manslaughter conviction qualified as a crime of violence.
Sayles challenged the crime-of-violence determination, arguing the manslaughter mens rea was recklessness and thus not a crime of violence.
Two competing accounts in the PSR paragraph 28 described Sayles and a juvenile co-defendant surrounding the prior manslaughter; one account suggested robbery, the other drug purchase.
The district court concluded the prior offense was a crime of violence and also indicated it would rely on the factual background for an upward variance; Sayles appealed asserting both the CV determination and procedural issues in the variance.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does the prior manslaughter conviction qualify as a crime of violence?	Sayles: mens rea reckless; not a crime of violence.	State: conviction qualifies as a crime of violence for the enhancement.	Harmless error; alternative variance supports sentence.
Was the upward variance properly supported with adequate factual findings?	Procedural error; insufficient findings supporting the variance.	Record supports variance under § 3553(a) and the district court explained its reasoning.	Affirmed on alternative basis; variance supported and CV error deemed harmless.

United States v. Williams, 627 F.3d 324 (8th Cir.2010) (review standards for sentencing and factual determinations)
United States v. Straw, 616 F.3d 737 (8th Cir.2010) (harmless error when alternative sentence rests on proper range)
United States v. Bah, 439 F.3d 423 (8th Cir.2006) (alternative sentence harmless where specific error not tied to ultimate sentence)
United States v. Razo-Guerra, 534 F.3d 970 (8th Cir.2008) (undisputed PSR facts may support factual findings by the district court)