When it comes to calculating your client’s advisory guidelines range, prior convictions that are counted as “crimes of violence” under USSG § 4B1.2 are bad news.
Section 4B1.2 doesn’t define what constitutes attempt. Last week, the Tenth Circuit issued a published decision in United States v. Mendez, holding attempted robbery as defined in Colorado law qualifies as a crime of violence under the guidelines.
Be on the lookout for another post soon with more analysis about this ever-changing area of law and preservation arguments that might be worth making in your cases.
