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U.S. v. SANCHEZ-GARCIA

No. 06-2262.

501 F.3d 1208 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis SANCHEZ-GARCIA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 6, 2007.

Attorney(s) appearing for the Case

Terri J. Abernathy, Assistant United States Attorney (David C. Iglesias, United States Attorney, with her on the brief), Las Cruces, NM, for Plaintiff-Appellee.

James N. Langell, Assistant Federal Public Defender, Las Cruces, NM, for Defendant-Appellant.

Before KELLY, ANDERSON, and HENRY, Circuit Judges.

HENRY, Circuit Judge.

We are asked to decide whether unlawful use of means of transportation ("UUMT"), as defined in Ariz.Rev.Stat. § 13-1803(A)(1), is a "crime of violence" under 18 U.S.C. § 16(b). We conclude it is not. Accordingly, exercising jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a), we reverse the district court's imposition of an eight-level "aggravated felony" enhancement under United States Sentencing Guidelines...

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