State classification of offense as misdemeanor does not control whether offense will be treated as felony in federal sentencing proceeding
SENTENCING United States v. Cordova-Arevalo, No. 05-2013, ___ F.3d ___ (10th Cir. Aug. 8, 2006)(New Mexico). Appeal of sentence for illegally reentering the United States after deportation in violation of 8 U.S.C. § 1326(a)(1),(2). HELD: State characterization of offense of third degree assault as misdemeanor does not control whether offense is treated as felony for federal sentencing purposes. Federal definition of term “felony” imported into 8 U.S.C. § 1326(b) through 18 U.S.C. § 3559(a) and incorporated into USSG §2L1.2 commentary note 2 is consistent with articulated federal scheme and purpose. Therefore, federal definition of felony applies in determining sentence enhancement for crime of illegal reentry to United States despite state’s contrary classification of offense as misdemeanor. Read the opinion here. |
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