United States v. Cabrera-Umanzor, No. 11-4621 (4th Cir. 2013)
Annotate this CaseDefendant appealed his sentence stemming from his plea of guilty to unlawful re-entry of a removed alien after an aggravated felony conviction. Defendant challenged the district court's application of a 16-level sentencing enhancement based on the determination that his prior conviction under Maryland's child abuse statute was a "crime of violence" under U.S.S.G. 2L1.2(b)(1)(A)(ii). The court reversed and remanded for resentencing, concluding that, in light of its recent decision in United States v. Gomez and the Supreme Court's decision in Descamps v. United States, the modified categorical approach was inapplicable and that under the categorical approach, defendant's prior conviction was not a crime of violence.
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