United States v. Roblero-Ramirez, No. 11-3832 (8th Cir. 2013)
Annotate this CaseDefendant pled guilty to reentering the United States illegally after being deported for an aggravated felony conviction. On appeal, defendant challenged the district court's imposition of a sixteen-level enhancement under U.S.S.G. 2L1.2(b)(1)(A)(ii) because defendant had been convicted of a crime of violence previously. The court reversed and remanded for resentencing, concluding that defendant's Nebraska conviction for manslaughter was not a conviction for a crime of violence within the meaning of the applicable Guideline. On remand, the district court may apply further the modified categorical approach as may be appropriate where Nebraska's manslaughter offense was broader than its generic federal counterpart.
Court Description: Criminal Case - sentence. Nebraska state conviction for manslaughter was not a conviction for a crime of violence and thus district court erred in imposing a 16-level enhancement under Guidelines section 2L1.2(b)(1)(A)(ii). Under the categorical approach, generic federal manslaughter requires a mens rea of recklessness and the Nebraska manslaughter offense is broader than the generic federal counterpart.
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