United States Eighth Circuit

A twenty-two month sentence for illegally reentry to the U.S. following deportation is vacated and remanded where the district court erred in applying Shepard v. US, 544 U.S. 13 (2005), to defendant's prior Mississippi convictions for domestic assault and assault of a police officer, an error that undermined a U.S.S.G. section 2L1.2(b) 1)(E) four-level increase.

Appellate Information

• Decided 09/26/2008
• Published 09/26/2008

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, BYE and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Timothy J. Langley, AFPD, argued, Sioux Falls, SD, for appellant.


• For Appellees:
  
• Kevin Koliner, AUSA, argued, Sioux Falls, SD, for appellee.