United States Ninth Circuit

Defendant's sentence for unlawful reentry into the United States is vacated and remanded for resentencing, where: 1) a prior felony conviction under Florida Statutes section 800.04(4)(a) for lewd or lascivious battery does not qualify as a "crime of violence" for purposes of that U.S. Sentencing Guideline 2L1.2 because the crime does not constitute a "forcible sex offense" or "statutory rape" within the meaning of the applicable Guideline; and 2) the district court erred in concluding otherwise.

Appellate Information

• Decided 12/24/2013
• Published 12/24/2013

Judges

• BERZON

Court

• United States Ninth Circuit

Counsel