Prior conviction for aggravated battery under Kansas statute is crime of violence for federal sentencing purposes under U.S.S.G. § 2L1.2(b)(1)(A)

SENTENCING United States v. Treto-Martinez, No. 04-1185, ___ F.3d ___ (10th Cir. Sep. 7, 2005)(Colorado). Appeal of sentence for illegal reentry to United States by deported alien removed after commission of aggravated felony. HELD: Defendant’s prior conviction for aggravated battery against law enforcement officer under Kansas statute is crime of violence under U.S.S.G. § 2L1.2(b)(1)(A). Kansas statute prohibiting physical contact with deadly weapon in “rude, insulting or angry manner,” defines crime of violence for purpose of sixteen-level sentence enhancement under U.S.S.G. § 2L1.2(b)(1)(A). Physical contact with deadly weapon in rude, insulting or angry manner, may always lead to more substantial and violent contact. Thus, such contact always constitutes at least threatened use of physical force which is element of guideline definition of crime of violence. Read the opinion here.