United States v. Martinez-Romero, No. 15-40246 (5th Cir. 2016)
Annotate this CaseDefendant appealed his sentence after the district court held that his prior conviction for attempted kidnapping under Florida law constituted a crime of violence pursuant to USSG 2L1.2(b)(1)(A)(ii). The court concluded that defendant's kidnapping conviction does not qualify as a crime of violence where the Florida statute does not qualify as an enumerated offense of kidnapping, and Florida’s kidnapping statute can be violated without the use of force. This sentencing error was not harmless and therefore, the court vacated the sentence and remanded for resentencing.
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