Read US v. Simo-Lopez, 05-2656

Sentence for unlawful reentry into the US and unlawful use of false identification is vacated and remanded where a battery conviction considered a felony for enhancement purposes by the sentencing judge was, under Puerto Rico law, actually a misdemeanor.

Appellate Information

• Decided 12/22/2006
• Published 12/22/2006

Judges

• LIPEZ, Circuit Judge., Before TORRUELLA, LIPEZ and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Joseph C. Laws, Jr., Federal Public Defender, Juan F. Matos-De Juan, Assistant Federal Public Defender, and Héctor L. Ramos-Vega on brief for appellant.


• For Appellees:
  
• H.S. García, United States Attorney, and Nelson Pérez-Sosa, Assistant United States Attorney, on brief for appellee.