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U.S. v. CRUZ

No. 11-4212.

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ANTONIO RIVERA CRUZ, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 14, 2012.

Attorney(s) appearing for the Case

ARGUED: Peter Adolf , Assistant Federal Defender, FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Charlotte, North Carolina, for Appellant.

Richard Lee Edwards , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellee.

ON BRIEF: Angela Parrott , Acting Executive Director, Ross H. Richardson , Assistant Federal Defender, FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Charlotte, North Carolina, for Appellant.

Anne M. Tompkins , United States Attorney, Charlotte, North Carolina, for Appellee.

Vacated and remanded by unpublished opinion. Judge Diaz wrote the majority opinion, in which Judge Duncan joined. Judge Wynn wrote a separate concurring opinion.

Unpublished opinions are not binding precedent in this circuit.

DIAZ, Circuit Judge.

Antonio Rivera Cruz pleaded guilty to reentry of a removed noncitizen in violation of federal law. Concluding that Cruz's previous Oklahoma conviction for assault and battery upon a police officer qualifies as a crime of violence under the U.S. Sentencing Guidelines, the district court applied a 16-level enhancement and sentenced Cruz to 46 months' imprisonment...

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