United States Ninth Circuit

Sentence is vacated and remanded for resentencing without any enhancement for a prior "crime of violence" conviction where the district court's application of the modified categorical approach to determine that defendant's prior attempted burglary conviction was for a "crime of violence" does not survive Descamp v. US, 133 S. Ct. 2276 (2013).

Appellate Information

• Decided 08/15/2013
• Published 08/15/2013

Judges

• Schroeder

Court

• United States Ninth Circuit

Counsel