United States Tenth Circuit

A sentence for illegal reentry after deportation is remanded for resentencing where: 1) a minute order from a California court purportedly reflecting a conviction of second-degree robbery, together with other evidence before the district court, was sufficient to prove the conviction; but 2) the evidence did not establish that the conviction was for the crime of generic robbery, as required by U.S.S.G. section 2L1.2.

Appellate Information

• Decided 07/30/2008
• Published 07/31/2008

Judges

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

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Scott M. Davidson, Albuquerque, NM, for Defendant-Appellant., William J. Pflugrath, Assistant United States Attorney, (Gregory J. Fouratt, United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.