United States v. Ruiz-Rodriguez

EBEL, Circuit Judge.

In 2005, Defendant-Appellant Jose Ruiz-Rodriguez was charged with and pled guilty to unlawful reentry after deportation subsequent to a conviction for commission of an aggravated felony, see 8 U.S.C. § 1326(a) and (b), and was sentenced to 41 months of imprisonment. He now appeals his sentence, specifically the portion based on his prior conviction for a crime of violence, arguing that the elements of the prior crime at issue do not meet the relevant Sentencing Guidelines’ definition of a crime of violence. 1 We agree. Therefore, we REVERSE and REMAND for resentencing.

After…