United States Eleventh Circuit

A sentencing court lacks the authority to treat a crime of violence as if it were not, in fact, a crime of violence. Because defendant's prior conviction was for a crime of violence rather than a simple aggravated felony, U.S.S.G. section 2L1.2(b)(1)(A)(ii) prescribed an increase of 16 levels; the 8-level departure was unauthorized.

Appellate Information

• Decided 01/27/2004
• Published 01/27/2004

Judges

• BLACK, Circuit Judge:, Before BLACK, HULL and COX, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Linda Julin McNamara,Tamra Phipps, Tampa, FL, for Plaintiff-Appellant.


• For Appellees:
  
• Kenton Voges Sands, Orlando, FL, for Defendant-Appellee.