United States Fourth Circuit

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US v. Gomez, 12-4089

In a conviction for unlawful reentry of a deported alien after an aggravated felony conviction, district court's application of the modified categorical approach in determining that defendant's child abuse conviction constituted a crime of violence is vacated and remanded, as the modified categorical approach applies only to those statutory offenses in which the statute itself is divisible. Here, the district court examined the trial record to decide if defendant acted violently in abusing her son, rather than examining the record to determine whether she committed a statutory violation constituting a crime of violence.

Appellate Information

  • Decided 08/10/2012
  • Published 08/10/2012

Judges

  • Floyd

Court

  • United States Fourth Circuit

Counsel


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