Nebraska conviction for false imprisonment does not necessarily constitute conviction for crime of violence for sentencing purposes under USSG § 2L1.2
SENTENCING United States v. Ruiz-Rodriguez, No. 06-2184, ___ F.3d ___ (10th Cir. Aug 1, 2007)(New Mexico). Appeal of unlawful reentry to United States after deportation following conviction for commission of aggravated felony in violation of 8 U.S.C. § 1326(a) and (b). HELD: District court erred in concluding that defendant’s prior conviction for false imprisonment was crime of violence for sentencing purposes under USSG § 2L1.2. Nebraska statute defining false imprisonment was ambiguous in that it was broad enough to encompass both violent and nonviolent crimes. Read the opinion here. |
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