United States v. Torres-Miguel, No. 11-4891 (4th Cir. 2012)
Annotate this CaseDefendant pled guilty to one count of illegal reentry by an aggravated felon. At issue was whether the district court properly counted defendant's prior conviction for a violation of California Penal Code 422(a) as a crime of violence, justifying a sentencing enhancement under the Sentencing Guidelines. Section 422(a) prohibited, as a felony, willfully threatening to commit a crime that would result in death or great bodily injury. The court held that the predicate state statute was not, categorically, a crime of violence where section 422(a) did not contain an element requiring the use or threatened use of physical force. Therefore, defendant's sentencing enhancement could not stand. The court vacated the sentence and remanded for resentencing.
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