Colorado conviction for misdemeanor assault is felony conviction for sentencing purposes under U.S.S.G. § 2L1.2(b)(1)(A)
SENTENCING United States v. Hernandez-Garundo, No. 04-2224, ___ F.3d ___ (10th Cir. Aug. 8, 2006)(New Mexico). Appeal and cross-appeal of sentences for illegal reentry to United States in violation of 8 U.S.C. § 1326(a)(1) and (a)(2). HELD: District court erred in concluding that defendants’ prior Colorado convictions for misdemeanor third-degree assault were not felony crimes of violence for sentencing purposes under § 2L1.2(b)(1)(A) of federal sentencing guidelines. Even where defendant’s actual sentence was less than one year imprisonment, conviction under Colorado law for misdemeanor third-degree assault is conviction subject to sentence enhancement under § 2L1.2(b)(1)(A) as felony crime of violence because Colorado misdemeanor assault statute provides for sentence in excess of twelve months. Read the opinion here. |
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