United States Tenth Circuit

A conviction for assault two (drugging a victim) under Colorado law is not a crime of violence under U.S.S.G. section 2L1.2(b)(1)(A)(ii) as the elements of the offense do not require the use, attempted use, or threatened use of physical force.

Appellate Information

• Decided 03/10/2008
• Published 03/11/2008

Judges

• HARTZ, Circuit Judge., Before HARTZ, McWILLIAMS, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Angela Arellanes, Albuquerque, NM, for Defendant-Appellant., William J. Pflugrath, Assistant United States Attorney, (Larry Gómez, Acting United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.