California conviction for weapon possession is not necessarily “firearms offense” for sentencing purposes under U.S.S.G. § 2L1.2(b)(1)(A)
SENTENCING United States v. Martinez-Hernandez, No. 04-2101, ___ F.3d ___ (10th Cir. Sep. 2, 2005)(New Mexico). Appeal of sentence enhancement under U.S.S.G. § 2L1.2(b)(1)(A) for conviction of illegal reentry to United States after deportation in violation of 8 U.S.C. §§ 1326(a)(1)–(2) and (b)(2). HELD: District court erred in enhancing defendant’s sentence under U.S.S.G. § U.S.S.G. 2L1.2(b)(1)(A). California conviction for possession of a weapon was not “firearms offense” within the meaning of U.S.S.G. § 2L1.2(b)(1)(A), where state statute under which defendant was convicted encompassed variety of weapons, including non-firearms, and court had to look to police report, not official judicial records, such as charging documents, plea agreement, or transcript of plea colloquy, to determine type of weapon defendant possessed. Read the opinion here. |
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