United States v. Dominguez-Maroyoqui, No. 13-50066 (9th Cir. 2014)
Annotate this CaseDefendant appealed his sentence after pleading guilty to illegal reentry to the United States. The court concluded that defendant's 1996 conviction for assaulting a federal officer in violation of 18 U.S.C. 111(a) did not, categorically, qualify as a crime of violence because section 111(a) felony criminalizes a broader swath of conduct covered by U.S.S.G. 2L1.2's definition. The district court erred in applying the crime of violence enhancement under U.S.S.G. 2L1.2(b)(1)(A). Accordingly, the court vacated defendant's sentence and remanded for resentencing without the enhancement.
Court Description: Criminal Law. The panel vacated a sentence and remanded for resentencing in a case in which the district court imposed an enhancement pursuant to U.S.S.G. § 2L1.2(b)(1)(A)(ii) on the ground that the defendant’s 1996 felony conviction under 18 U.S.C. § 111(a) for assaulting a federal officer qualifies as a crime of violence. The panel held that a § 111(a) felony is not categorically a crime of violence because it does not match any of § 2L1.2’s specifically enumerated offenses and does not require proof, as a necessary element, that the defendant used, attempted to use, or threatened to use physical force. The panel held that even if § 111(a) is viewed as a divisible statute setting out elements of the offense in the alternative, the modified categorical approach has no role to play because none of the alternatives requires proof of the type of violent physical force mandated under § 2L1.2’s definition of a crime of violence.
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