(DOWNLOAD) "United States v. Calderon-Pena" by United States Court of Appeals for the Ninth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Calderon-Pena
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 24, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
This case involves the application of the sixteen-level "crime of violence" sentence enhancement under § 2L1.2 of the Sentencing Guidelines. Defendant Pedro Calderon-Penas seventy-month sentence for illegally reentering the United States in violation of 8 U.S.C. § 1326 included a sixteen-level enhancement based on a prior conviction of the Texas crime of child endangerment. In accordance with our recent decision in United States v. Vargas-Duran, 356 F.3d 598 (5th Cir. 2004) (en banc), we hold that Defendants child endangerment conviction does not "ha[ve] as an element the use, attempted use, or threatened use of physical force against the person of another" for purposes of the sixteen-level "crime of violence" enhancement under § 2L1.2. We accordingly vacate Defendants sentence, and remand for re-sentencing.