United States v. Hans Cabrera-Umanzor
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Reversed and remanded by published opinion. Chief Judge TRAXLER wrote the opinion, in which 'Judge NIEMEYER and Judge MOTZ joined.
TRAXLER, Chief Judge:
Hans Cabrera-Umanzor pleaded guilty to unlawful re-entry of a removed alien after an aggravated felony conviction. See 8 U.S.C. § 1326(a)(1). Applying what is generally referred to as the “modified categorical approach,” the district court determined that Cabrera’s prior conviction under Maryland’s child abuse statute was a “crime of violence” under U.S.S.G. § 2L1.2(b)(l)(A)(ii). The district court therefore increased Cabrera’s base offense by…
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