U.S. v. FRANCO-FERNANDEZ

No. 06-3273.

511 F.3d 768 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Peter FRANCO-FERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 2, 2008.


Attorney(s) appearing for the Case

Daniel E. May (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Richard H. Parsons, Andrew J. McGowan (argued), Jonathan E. Hawley, Office of the Federal Public Defender, Peoria, IL, for Defendant-Appellant.

Before EVANS, WILLIAMS, and SYKES, Circuit Judges.


SYKES, Circuit Judge.

This appeal requires us to decide whether the Illinois offense of "putative father" child abduction, 720 ILL. COMP. STAT. 5/10-5(b)(3), is either a crime of violence or an aggravated felony for purposes of the increased offense levels specified in U.S.S.G. § 2L1.2(b)(1)(A)(ii) and (b)(1)(C) for the crime of illegal reentry after deportation. We hold that it is neither, and therefore vacate Peter Franco-Fernandez's sentence and remand for...

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