Legal Opinion
United States v. Rodriguez-Enriquez
Court of Appeals for the Tenth Circuit
Decided March 10, 2008No. 07-2033PublishedCited by 19 opinions
1Opinion of the Court
HARTZ, Circuit Judge.
This appeal concerns whether a conviction for assault two (drugging a victim) under Colorado law is a crime of violence under United States Sentencing Guidelines § 2L1.2(b)(l)(A)(ii). We hold that it is not. As we understand the meaning of physical force, the elements of the offense do not require the use, attempted use, or threatened use of physical force. We therefore reverse the district court’s sentence and remand for resentencing.
I. BACKGROUND
Miguel Rodriguez-Enriquez pleaded guilty in the United States District Court for the District of New Mexico to one count of…
2Cases cited13 opinions
- Gall v. United StatesSupreme Court of the United States · 2007
- Taylor v. United StatesSupreme Court of the United States · 1990
- United States v. Pedro Calderon-PenaCourt of Appeals for the Fifth Circuit · 2004
- Jaroslaw Chrzanoski 1 v. John Ashcroft, U.S. Attorney GeneralCourt of Appeals for the Second Circuit · 2003
- United States v. Jacob De La FuenteCourt of Appeals for the Ninth Circuit · 2003
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3Cited by19 opinions
- United States v. OntiverosCourt of Appeals for the Tenth Circuit · 2017
- United States v. ArmijoCourt of Appeals for the Tenth Circuit · 2011
- United States v. ManzanaresCourt of Appeals for the Tenth Circuit · 2020
- United States v. McCranieCourt of Appeals for the Tenth Circuit · 2018
- United States v. HammonsCourt of Appeals for the Tenth Circuit · 2017
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