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U.S. v. RODRIGUEZ-ENRIQUEZ

No. 07-2033.

518 F.3d 1191 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Miguel RODRIGUEZ-ENRIQUEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 10, 2008.

Attorney(s) appearing for the Case

Angela Arellanes, Albuquerque, NM, for Defendant-Appellant.

William J. Pflugrath, Assistant United States Attorney, (Larry Gómez, Acting United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before HARTZ, McWILLIAMS, and HOLMES, Circuit Judges.

HARTZ, Circuit Judge.

This appeal concerns whether a conviction for assault two (drugging a victim) under Colorado law is a crime of violence under United States Sentencing Guidelines § 2L1.2(b)(1)(A)(ii). We hold that it is not. As we understand the meaning of physical force, the elements of the offense do not require the use, attempted use, or threatened use of physical force. We therefore reverse the district...

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