Thursday, October 12, 2006

Illegal sentence

US v. Fierro-Reyna (09/28/06 - No. 05-51198).
Sentence for guilty plea to illegal reentry after deportation in violation of 8 U.S.C. section 1326, is vacated and remanded because the statutory section under which defendant was convicted prohibits behavior that is not within the generic, contemporary meaning of aggravated assault as it is used in U.S.S.G. section 2L1.2, thus his conviction does not qualify as a crime of violence and his sentence was improperly enhanced by sixteen levels. http://caselaw.lp.findlaw.com/data2/circs/5th/0551198cr0p.pdf

No comments: