United States v. Romero-Orbe, No. 15-3992 (8th Cir. 2017)
Annotate this CaseDefendant appealed his 36 month sentence after pleading guilty to illegal reentry into the United States after a previous removal and commission of an aggravated felony. The court concluded that the district court did not commit procedural error by applying a sixteen-level enhancement because defendant's prior conviction of domestic assault under Minn. Stat. 609.2242, subdivision 4, was a crime of violence. The court explained that this case was controlled by the reasoning in United States v. Schaffer, where this court determined that an act undertaken with intent to cause fear in another of immediate bodily harm or death necessarily involves a threatened use of physical force against the person of another. Accordingly, the court affirmed the judgment.
Court Description: Colloton, Author, with Smith, Chief Judge, and Loken, Circuit Judge] Criminal case - Sentencing. This case is controlled by U.S. v. Schaffer, 818 F.3d 796 (8th Cir. 2016) and the district court did not err in determining defendant's conviction for domestic assault under Minn. Stat. Section 609.2242, subd. 4, was a crime of violence under Guidelines Sec. 2L1.2.
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