# United States v. Steven L. Parson

> Court of Appeals for the Third Circuit · January 31, 1992 · 955 F.2d 858

URL: https://www.frixlaw.com/law-library/cases/9482564

## Case

- **Full name:** UNITED STATES of America v. Steven L. PARSON, Appellant
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** January 31, 1992
- **Citations:** 955 F.2d 858; 1992 U.S. App. LEXIS 1095; 1992 WL 13808
- **Precedential status:** Published
- **Opinion:** Concurrence by Alito
- **Judges:** Becker, Alito, Huyett
- **Cited by:** 130 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Abrogated on other grounds by Begay v. United States, 553 U.S. 137 (2008).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9482564

## How later opinions describe it (automated extraction)

- holding that “crime of violence” for pur poses of 18 U.S.C. § 16 covers crimes in which the perpetrator “recklessly risks having to commit a specific intent crime” involving force but not “pure” recklessness offenses that do not imply such intent or willingness to use force
- holding that defendant's conviction for reckless endangering was a crime of violence under the second prong of the career offender guideline, § 4B1.2(a)(2), because the second prong of that guideline focuses on conduct rather than intent to use force
- recognizing in dicta that “crimes such as drunk driving ... present a serious risk of physical harm to a victim and therefore qualify as predicate ‘crimes of violence’ for purposes of the career offender Guideline”
- concluding that the Sentencing Commission has the power to expand the category of "career offenders” from the definition set forth in 18 U.S.C. § 16
- holding that violation of Delaware’s reckless endangerment statute constitutes “crime of violence” for purposes of U.S.S.G. § 4B1.1

## Opinion text

ALITO, Circuit Judge,
concurring:
I join the court’s opinion. In doing so, I express no view on the meaning of 18 U.S.C. § 924 (e)(2)(B)(ii). Nevertheless, I fully agree that the broad definition of a “crime of violence” in U.S.S.G. § 4B1.2(1) merits reexamination by the Sentencing Commission.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9482564. Public record. Not legal advice.