Prior Colorado conviction for third degree assault does not constitute prior conviction for crime of violence for sentence enhancement purposes
SENTENCING United States v. Perez-Vargas, No. 04-1321, ___ F.3d ___ (10th Cir. Jul. 15, 2005)(Colorado). Appeal of sentence for unlawful reentry to United States after prior deportation in violation of 8 U.S.C. § 1326(a) and (b)(2). HELD: District court erred in applying crime of violence sentence enhancement under U.S.S.G. § 2L1.2 for defendant’s prior Colorado conviction for third degree assault. Conviction for third degree assault under Colorado law is not categorical crime of violence for sentence enhancement purposes under U.S.S.G. § 2L1.2. Read the opinion here. |
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