United States Tenth Circuit

A sentence for illegally reentering the United States following a prior deportation is reversed where the district court erred when it enhanced his offense level by four levels as one of defendant's prior misdemeanor convictions for harassment under Colorado law did not meet the crime of violence definition under the Guidelines.

Appellate Information

• Decided 02/27/2008
• Published 02/28/2008

Judges

• McKAY, Circuit Judge., Before BRISCOE, McKAY, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Charles A. Harwood, Assistant Federal Public Defender, Las Cruces, NM, for Defendant-Appellant., Larry Gomez, United States Attorney, and Amanda Gould, Assistant United States Attorney, Las Cruces, NM, for Plaintiff-Appellee.