US v. Owens: Owens was on supervised release when he was involved in a lengthy physical altercation with a woman. At his revocation hearing, the district court concluded that Owens’ conduct constituted first-degree assault and battery under South Carolina law, which it classified as a “crime of violence” and therefore a Grade A violation. Owens did not object. The district court ultimately imposed an upward variance sentence of 24 months in prison.
On appeal, the Fourth Circuit affirmed Owens’ revocation sentence. Noting prior precedent in which the Fourth Circuit had held that offense was a crime of violence, the court rejected Owens’ argument that a recent South Carolina supreme court decision about related offenses undermined that precedent. The court held it did not, also noting that review was limited to plain error and imposing binding precedent, even if it was error, could not have been plain.
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