United States Tenth Circuit

Sentence for unlawful reentry by a deported alien previously convicted of an aggravated felony is reversed and remanded. The district court incorrectly applied an upward departure for a felony "crime of violence" where defendant's previous offense of felony aggravated battery is not categorically a crime of violence.

Appellate Information

• Decided 12/30/2008
• Published 12/30/2008

Judges

• TACHA, Circuit Judge., Before TACHA, KELLY, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• David J. Freund, Assistant Federal Public Defender, Office of the Federal Public Defender, Wichita, KS, appearing for Appellant.


• For Appellees:
  
• Leon J. Patton, Assistant United States Attorney (Eric F. Melgren, United States Attorney, and Brent I. Anderson, Assistant United States Attorney, on the brief), Office of the United States Attorney for the District of Kansas, Wichita, KS, appearing for Appellee.