United States Tenth Circuit

Defendants' sentences for illegally reentering the U.S. are vacated and remanded where the district court erred in concluding that two defendants' prior convictions were not felony crimes of violence, a remand was necessary for consideration of whether those prior convictions fell within the definition of "crime of violence" under U.S.S.G. section 2L1.2, and Booker error was committed as to a third defendant.

Appellate Information

• Decided 08/21/2006
• Published 08/22/2006

Judges

• McCONNELL, Circuit Judge., Before HENRY, LUCERO, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Terri J. Abernathy, Assistant United States Attorney (David C. Iglesias, United States Attorney with her on the briefs), Las Cruces, NM, for the United States of America.


• For Appellees:
  
• Marcia J. Milner, Las Cruces, NM, for Defendant-Appellee Hernandez-Garduno and Defendant-Appellant Ortega-Enriquez., Rosanne Camunez, Las Cruces, NM, for Defendant-Appellee Ramos-Espino.