United States v. Thomas, 643 F.3d 802

Thomas pled guilty to the Kansas eluding offense in 2005 and 2008, which bartered as felonies for the federal charge of possessing a firearm after a felony conviction.
PSR assigned base offense level 24 based on two felony convictions for crimes of violence.
Two prior Kansas eluding convictions were under Kan. Stat. § 8-1568 and involved willful fleeing from a pursuing officer after signals to stop.
District court treated these two convictions as crimes of violence, resulting in a higher base offense level and a longer sentence.
The issue on appeal is whether eluding a police officer is a crime of violence under USSG § 4B1.2, incorporating the residual clause.
Court reverses the district court, citing Sykes to hold that the Kansas eluding offenses are crimes of violence and remands for resentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether eluding a police officer is a crime of violence under USSG § 4B1.2 residual clause.	Government argued eluding in this context satisfies the residual clause.	Thomas argued eluding lacks the required elements to be a crime of violence.	Eluding is a crime of violence; reversed and remanded for resentencing.

Sykes v. United States, 131 S. Ct. 2267 (2011) (violent felony under residual clause; vehicle flight creates serious risk)
United States v. Wise, 597 F.3d 1141 (10th Cir. 2010) (elements-based approach to crime of violence; residual clause)
United States v. Tiger, 538 F.3d 1297 (10th Cir. 2008) (interpretation of residual clause consistency with ACCA)
McConnell v. United States, 605 F.3d 822 (10th Cir. 2010) (crime of violence determination under § 4B1.2; prior Kansas offense)
Begay v. United States, 553 U.S. 137 (2008) (strict liability/negligence/recklessness limits on residual clause)