Court vacates sentence of Kentucky man after ruling state manslaughter law not a ‘crime of violence’
LEXINGTON, KY – The U.S. Court of Appeals for the Sixth Circuit has vacated the prison sentence of Davon S. Tooley after ruling that his prior Kentucky conviction for second-degree manslaughter does not qualify as a “crime of violence” under federal sentencing guidelines.
Tooley was serving a 145-month sentence after pleading guilty to two counts of possessing a firearm as a convicted felon, in violation of 18 U.S.C. § 922(g)(1). His sentence was enhanced based on a prior Kentucky conviction for second-degree manslaughter, which the district court had classified as a violent crime. On appeal, Tooley challenged that classification.
In an opinion issued October 23, 2025, Circuit Judge Helene N. White, writing for the panel, found that Kentucky’s second-degree manslaughter statute r...

