United States v. Najera-Mendoza, No. 11-50187 (5th Cir. 2012)
Annotate this CaseDefendant pleaded guilty to one count of attempted illegal reentry in the United States after having been deported and one count of false personation. Defendant subsequently appealed her sentence, contending that the district court erred in applying a sixteen-level enhancement based on its conclusion that her prior Oklahoma kidnapping conviction was a "crime of violence" under U.S.S.G. 2L1.2(b)(1)(A)(ii). The court concluded that the district court erred because the Oklahoma offense did not constitute any of the enumerated offenses that were crimes of violence; nor did it have an element of "physical force," as that term was defined in Johnson v. United States. Therefore, the court vacated the sentence and remanded for resentencing.
The court issued a subsequent related opinion or order on September 17, 2012.
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