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U.S. v. DE JESUS VENTURA

No. 07-3099.

565 F.3d 870 (2009)

UNITED STATES of America, Appellee v. Manuel DE JESUS VENTURA, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 15, 2009.

Attorney(s) appearing for the Case

Beverly G. Dyer, Assistant Federal Public Defender, argued the cause for appellant. With her on the briefs was A.J. Kramer, Federal Public Defender. Laura G. Quint, Assistant Federal Public Defender, entered an appearance.

Justin E. Dillon, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Jeffrey A. Taylor, U.S. Attorney, and Roy W. McLeese III and Elizabeth Trosman, Assistant U.S. Attorneys.

Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge:

Appellant Manuel De Jesus Ventura challenges the sentence imposed for his crime of entering the United States after being deported for a felony conviction. Ventura argues that his prior conviction was not a "crime of violence," as the district court found, but was instead an "aggravated felony," which triggers a less severe sentencing range under the Federal Sentencing Guidelines. We agree, vacate, and remand for resentencing in light of the...

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