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.
- Decided 12/22/2006
- Published 12/22/2006
LIPEZ, Circuit Judge., Before TORRUELLA, LIPEZ and HOWARD, Circuit Judges.
United States First Circuit
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.
H.S. García, United States Attorney, and Nelson Pérez-Sosa, Assistant United States Attorney, on brief for appellee.