United States v. Wray
Court of Appeals for the Tenth Circuit
1Opinion of the Court
KELLY, Circuit Judge.
Defendant-Appellant Reginald Jerome Wray pleaded guilty to being a felon in possession of a firearm, 18 U.S.C. § 922(g)(1), and was sentenced to 77 months’ imprisonment and three years’ supervised release. The issue we resolve on appeal is whether Mr. Wray’s prior conviction for “Sexual Assault-10 Years Age Difference” under Colo.Rev.Stat. § 18-3-402(l)(e) constitutes a “crime of violence” as that phrase is used in U.S.S.G. §§ 2K2.1(a)(2) and 4B1.2. Our jurisdiction arises under 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), and we remand for re-sentencing because we conclude…
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