United States Tenth Circuit

Defendant's sentence for illegal reentry following deportation is vacated where the district court erred in characterizing a prior California state conviction for felony driving under the influence as a "crime of violence."

Appellate Information

• Decided 11/03/2004
• Published 11/03/2004

Judges

• BRISCOE, Circuit Judge., Before HENRY, BRISCOE, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Scott Keith Wilson, Assistant Federal Public Defender, (Steven B. Killpack, Federal Public Defender, with him on the brief), Salt Lake City, UT, for the defendant-appellant., Wayne T. Dance, Assistant United States Attorney, (Paul M. Warner, United States Attorney, with him on the brief), Salt Lake City, UT, for the plaintiff-appellee.