Unauthorized use of motor vehicle is not crime of violence for purpose of applying aggravated felony sentence enhancement
SENTENCING/STATUTORY CONSTRUCTION United States v. Sanchez-Garcia, No. 06-2262, ___ F.3d ___ (10th Cir. Sep. 6, 2007)(New Mexico). Appeal of sentence for illegal reentry to United States after deportation in violation of 8 U.S.C. § 1326(a) and (b)(2). HELD: District court erred by imposing eight-level aggravated felony sentence enhancement under USSG § 2L1.2(b)(1)(C) for Arizona felony of unauthorized use of motor vehicle. Unauthorized use of motor vehicle as defined in Arizona statute is not crime of violence qualifying for sentence enhancement under USSG § 2L1.2(b)(1)(C) because it does not meet requirement of 18 U.S.C. § 16(b) that such crime by its nature involve substantial risk that physical force might be used during commission of offense. Read the opinion here. |
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