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U.S. v. CORONADO-CERVANTES

No. 96-2247.

154 F.3d 1242 (1998)

UNITED STATES of America, Plaintiff-Appellant, v. Manuel CORONADO-CERVANTES, Jr., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 18, 1998.

Attorney(s) appearing for the Case

Robert J. Gorence, First Assistant United States Attorney (John J. Kelly, United States Attorney, and Jason Bowles, Special Assistant United States Attorney, Las Cruces, NM, with him on the briefs), for Plaintiff-Appellant.

Douglas E. Couleur, Douglas E. Couleur, P.A., Santa Fe, NM, for Defendant-Appellee.

Before BRORBY, HOLLOWAY and EBEL, Circuit Judges.

EBEL, Circuit Judge.

Manuel Coronado-Cervantes ("Coronado-Cervantes") has concededly committed two violent criminal offenses. In this appeal, the only question is whether Coronado-Cervantes should be sentenced as a career offender under United States Sentencing Guidelines ("U.S.S.G.") §§ 4B1.1 & 4B1.2. The district court concluded that Coronado-Cervantes' prior conviction for sexual contact with a minor is not a "crime of violence" as defined by U.S...

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