United States Ninth Circuit

Defendant's sentence for illegal reentry that included a crime of violence adjustment for defendant's prior resisting arrest conviction, is vacated and remanded for resentencing, where, in light of decisions of Arizona courts, which hold that the use of minimal force is sufficient to constitute "resisting arrest," a conviction under the Arizona statute for resisting arrest is not categorically a crime of violence within the meaning of federal law.

Appellate Information

• Decided 07/25/2013
• Published 07/25/2013

Judges

• SCHROEDER

Court

• United States Ninth Circuit

Counsel