United States Eighth Circuit

A sentence for illegal reentry by a removed alien is affirmed where the district court did not clearly err in finding that defendant's prior state-court conviction for third-degree criminal sexual conduct was "a crime of violence" under the Guidelines because the offense involved both the use and threatened use of physical force, and defendant's Sixth Amendment challenge to 8 U.S.C. section 1326(b)(2) failed.

Appellate Information

• Decided 10/24/2006
• Published 10/24/2006

Judges

• HANSEN, Circuit Judge., Before MURPHY, HANSEN and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Virginia Guadalupe Villa, Asst. Federal Public Defender, Minneapolis, MN (Laura Schultz, Law Clerk, Public Defender's Office, on the brief), for appellant., Rodolfo Lopez-Zepeda, Leavenworth, KS, pro se.


• For Appellees:
  
• Erika Mozangue, Asst. U.S. Atty., Minneapolis, MN, for appellee.