United States Fourth Circuit

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US v. Torres-Miguel, 11-4891

In defendant's conviction for illegal reentry by an aggravated felon, district court's imposition of a 51-months' imprisonment on the ground that defendant's previous state conviction for a criminal threat categorically constituted a prior crime of violence, is vacated and remanded where section 422(a) is not categorically a crime of violence as defined in Guidelines section 2L1.2 because contrary to the Ninth Circuit's holding, the plain language of section 422(a) does not contain an element requiring the use or threatened use of physical force.

Appellate Information

  • Decided 12/13/2012
  • Published 12/13/2012


  • Motz


  • United States Fourth Circuit


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