U.S. v. HERNANDEZ-GARDUNO

Nos. 04-2224, 04-2226, 04-2348.

460 F.3d 1287 (2006)

UNITED STATES of America, Plaintiff-Appellant, v. Luis HERNANDEZ-GARDUNO, Defendant-Appellee. United States of America, Plaintiff-Appellant, v. Miguel Juan Ramos-Espino, Defendant-Appellee. United States of America, Plaintiff-Appellee, v. Anival Leonel Ortega-Enriquez, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 21, 2006.


Attorney(s) appearing for the Case

Terri J. Abernathy, Assistant United States Attorney (David C. Iglesias, United States Attorney with her on the briefs), Las Cruces, NM, for the United States of America.

Marcia J. Milner, Las Cruces, NM, for Defendant-Appellee Hernandez-Garduno and Defendant-Appellant Ortega-Enriquez.

Rosanne Camunez, Las Cruces, NM, for Defendant-Appellee Ramos-Espino.

Before HENRY, LUCERO, and McCONNELL, Circuit Judges.


McCONNELL, Circuit Judge.

These three criminal appeals present the question whether previous Colorado misdemeanor convictions for third-degree assault constitute crimes of violence under § 2L1.2 of the United States Sentencing Guidelines when the defendants were sentenced to less than one-year imprisonment. The defendants claim that the crime-of-violence enhancement applies only to crimes of violence that are aggravated felonies, thereby limiting the enhancement...

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