United States v. Garcia-Perez, No. 13-20482 (5th Cir. 2015)
Annotate this CaseDefendant, convicted of being illegally in the United States after deportation following commission of an aggravated felony, appealed the district court's application of a sixteen-level sentencing enhancement based on a prior manslaughter conviction under Florida Statute 782.07. The district court determined that defendant's manslaughter conviction was a "crime of violence" under U.S.S.G. 2L1.2(b)(1)(A). The court concluded, however, that section 782.07(1) neither has an element of force nor punishes only generic contemporary manslaughter and, therefore, it is not a crime of violence for purposes of the Sentencing Guidelines. Therefore, it was error for the district court to apply the enhancement and the error was not harmless. The court vacated the sentence and remanded for resentencing.
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