State assault conviction for drugging victim is not crime of violence for guidelines sentencing purposes
SENTENCING United States v. Rodriguez-Enriquez, No. 07-2033, ___ F.3d ___ (10th Cir. Mar. 10, 2008)(New Mexico). Appeal of sentence for illegal reentry of deported alien previously convicted of aggravated felony in violation of 8 U.S.C. § 1326(a)(1), (a)(2), (b)(2). HELD: Drugging by surreptitious means does not involve use of physical force. Therefore, Colorado conviction for second-degree assault (drugging a victim) does not constitute crime of violence for sentencing purposes under USSG § 2L1.2(b)(1)(A)(ii). Read the opinion here. |
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