UNITED STATES of America, Appellee, v. Joshua R. CLIFTON, Appellant, 336 F. App'x 590

PER CURIAM. Joshua Ryan Clifton pled guilty to being a felon in possession of ammunition, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). The district court applied a “crime of violence” sentencing enhancement due to a prior Missouri conviction for auto tampering, and imposed a 120-month sentence, the statutory maximum. Clifton appeals, arguing that auto tampering does not qualify as a crime of violence under U.S.S.G. § 4B1.2. In United States v. Williams, 537 F.3d 969 (8th Cir.2008), this court held that auto tampering is not a crime of violence. Accordingly, this court vacates the sentence, and remands for re-sentencing.