United States Tenth Circuit

In a case where defendant pled guilty to one count of illegally reentering the US, the district court's sentence is reversed where the court erred by subjecting defendant to an eight-level sentence enhancement because his prior DWI conviction did not constitute a crime of violence under section 16(b).

Appellate Information

• Decided 10/28/2003
• Published 10/28/2003

Judges

• McCONNELL, Circuit Judge., Before TACHA, Chief Circuit Judge, McKAY and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Submitted on the briefs:   Stephen P. McCue, Federal Public Defender, Steve Sosa, Assistant Federal Public Defender, and Shari Lynn Allison, Research and Writing Specialist, Las Cruces, NM, for Defendant-Appellant., David C. Iglesias, United States Attorney, and David N. Williams, Assistant United States Attorney, Albuquerque, NM, for Plaintiff-Appellee.