United States Sixth Circuit

In a prosecution of defendant for illegal reentry into the United States after deportation, district court's application of a sixteen-level enhancement to defendant's offense level under U.S.S.G. section 2L1.2 based on his prior conviction for attempted kidnapping is affirmed as the six offenses punished by Michigan's former kidnapping statute either fall within the generic, contemporary meaning of kidnapping or have an element involving the use of force, and as such, under the categorical approach, the court cannot look beyond the statute as defendant was necessarily convicted of a crime of violence within the meaning of U.S.S.G. section 2L1.2(b)(1)(A) when he pled guilty to attempted kidnapping in Michigan state court.

Appellate Information

• Argued 07/29/2010
• Decided 10/05/2010
• Published 10/05/2010

Judges

• VAN TATENHOVE

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Jaime P. Serrat, Phillip J. Tripi