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U.S. v. PEREZ-VELETA

No. CR 07-1077 RB.

541 F.Supp.2d 1173 (2008)

UNITED STATES of America, Plaintiff, v. Octavio PEREZ-VELETA, Defendant.

United States District Court, D. New Mexico.

February 11, 2008.

Attorney(s) appearing for the Case

Renee L. Camacho, United States Attorney's Office, Las Cruces, NM, for Plaintiff.

Michelle Engert, Federal Public Defender's Office, Las Cruces, NM, for Defendant.

MEMORANDUM OPINION AND ORDER

ROBERT C. BRACK, District Judge.

This case presents the question of whether the Colorado crime of fifth degree felony menacing is a "crime of violence" under Section 2L1.2 of the United States Sentencing Guidelines (USSG) under the categorical approach or, in the specific case of Defendant Octavio Perez-Veleta, under the modified categorical approach. For the reasons contained herein, I find that the Colorado crime of...

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