United States Tenth Circuit

In a prosecution for illegal re-entry into the U.S., judgment is reversed as to a sentencing enhancement for assaulting a public servant and the defendant's sentence is vacated and remanded where: 1) section 2L1.2 of the Sentencing Guidelines' use of "as an element" language limits the sentencing court's inquiry to the statutory definition of the prior offense and not the facts underlying a defendant's prior conviction; and 2) defendant's prior conviction is not a crime of violence under section 2L1.2 because the portion of the Texas assault statute under which he plead guilty permits convictions for reckless conduct.

Appellate Information

• Decided 06/03/2008
• Published 06/03/2008

Judges

Court

• United States Tenth Circuit

Counsel