United States Fifth Circuit

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US v. Andino-Ortega, 09-40498

Defendant's sentence for being unlawfully present in the United States following deportation is vacated where, because defendant's prior conviction for the offense of injury to a child, even where committed by an intentional act, did not require the use or attempted use of physical force, the offense did not meet the definition of a "crime of violence" necessary for imposition of the 16-level enhancement under U.S.S.G. section 2L1.2(b)(1)(A)(ii).

Appellate Information

  • Decided 06/09/2010
  • Published 06/09/2010


  • EMILIO M. GARZA, Circuit Judge:, Before BARKSDALE, GARZA, and DENNIS, Circuit Judges.


  • United States Fifth Circuit