United States v. Marcel Aparicio-Soria

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge KISER joined. Judge DAVIS wrote an opinion, concurring in part and dissenting in part.

WILKINSON, Circuit Judge:

In sentencing defendant Marcel Apari-cio-Soria for illegally reentering the United States, the district court applied the “crime-of-violence enhancement” in U.S.S.G. § 2L1. 2(b)(l)(A)(ii) on the basis of a previous Maryland conviction for resisting arrest. Aparicio-Soria challenges that decision here. Adopting the categorical approach, we find that the Maryland offense of resisting arrest constitutes a…