United States v. Carlos Mendoza-Padilla

OPINION

TALLMAN, Circuit Judge:

Carlos Mendoza-Padilla pled guilty to one count of illegal re-entry after deportation. The district court applied a 16-level increase to Mendoza-Padilla’s base offense level based on his prior manslaughter conviction under Florida law. We now consider in light of United States Supreme Court guidance whether manslaughter, as defined by Florida Statute § 782.07, constitutes a crime of violence under the United States Sentencing Guidelines § 2L1.2(b)(l)(A). We hold that it does not. Accordingly, we vacate Mendoza-Padilla’s sentence and remand for resentencing.

I

Carlos…