United States DC Circuit

Defendant's sentence for reentering the U.S. following removal is vacated, where Defendant's prior state conviction was not a "crime of violence," as the District Court found, but was instead an "aggravated felony," which triggers a less severe Sentencing Guidelines range.

Appellate Information

• Argued 12/05/2008
• Decided 05/15/2009
• Published 05/15/2009

Judges

• Before:  ROGERS, BROWN, and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Beverly G. Dyer, Assistant Federal Public Defender, argued the cause for appellant.   With her on the briefs was A.J. Kramer, Federal Public Defender.  Laura G. Quint, Assistant Federal Public Defender, entered an appearance.


• For Appellees:
  
• Justin E. Dillon, Assistant U.S. Attorney, argued the cause for appellee.   With him on the brief were Jeffrey A. Taylor, U.S. Attorney, and Roy W. McLeese IIIand Elizabeth Trosman, Assistant U.S. Attorneys.