Legal Opinion

United States v. Fredis Reyes-Contreras

Court of Appeals for the Fifth Circuit

Decided February 6, 2018No. 16-41218PublishedCited by 12 opinions

1Opinion of the CourtJerry E. Smith, Circuit Judge

Fredis Reyes-Contreras pleaded guilty of illegal reentry under 8 U.S.C. § 1326 (a) and (b). Because he had been convicted of manslaughter in Missouri, the court applied the sixteen-level crime-of-violence ("COV") enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii). Reyes-Contreras appeals the enhancement, claiming that Missouri's manslaughter statute is non-generic under Mathis. Though we find that the statute is divisible and could warrant an enhancement under the modified categorical approach, the documents of conviction do not indicate the subsection of conviction, so as required by our…

Also in this document: Concurring in the judgment.

2Cases cited38 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Shepard v. United StatesSupreme Court of the United States · 2005
  3. Mathis v. United StatesSupreme Court of the United States · 2016
  4. Descamps v. United StatesSupreme Court of the United States · 2013
  5. Johnson v. United StatesSupreme Court of the United States · 2010

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3Cited by12 opinions

  1. United States v. Fredis Reyes-ContrerasCourt of Appeals for the Fifth Circuit · 2018
  2. Kellie Stokes v. Southwest AirlinesCourt of Appeals for the Fifth Circuit · 2018
  3. United States v. Latroy BurrisCourt of Appeals for the Fifth Circuit · 2018
  4. Overstreet v. United StatesDistrict Court, M.D. Florida · 2019
  5. United States v. Fredis Reyes-ContrerasCourt of Appeals for the Fifth Circuit · 2018

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