United States Fourth Circuit

The sentence imposed on defendant following his guilty plea to unlawful re-entry of a removed alien after an aggravated felony conviction, which included a 16 level "crime of violence" enhancement, is reversed and remanded, where: 1) the modified categorical approach is inapplicable; and 2) under the categorical approach, defendant's prior conviction under Maryland's child abuse statute is not a crime of violence.

Appellate Information

• Decided 08/26/2013
• Published 08/26/2013

Judges

• TRAXLER

Court

• United States Fourth Circuit

Counsel