United States v. Marquez-Lobo, No. 10-10470 (9th Cir. 2012)
Annotate this CaseDefendant appealed the 16-level enhancement of his sentence due to his prior 1985 conviction for kidnapping under Arizona Revised Statute 13-1304. Defendant argued that ARS 13-1304 did not meet the generic definition of kidnapping and therefore did not qualify as a "crime of violence" under either the categorical or modified categorical approach. In light of United States v. Gonzalez-Perez, the court held that ARS 13-1304 categorically met the generic definition of kidnapping and affirmed the sentence.
The court issued a subsequent related opinion or order on September 21, 2012.
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