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U.S. v. DURAN

No. 11-1308.

696 F.3d 1089 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Jarrod DURAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 18, 2012.

Attorney(s) appearing for the Case

Howard A. Pincus , Assistant Federal Public Defender ( Raymond P. Moore , Federal Public Defender, with him on the briefs) Office of the Federal Public Defender, Denver, CO, for Appellant.

May Kim , Special Assistant United States Attorney ( John F. Walsh , United States Attorney, with her on the brief) Office of the United States Attorney, Denver, CO, for Appellee.

Before MURPHY, HARTZ, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

Jarrod Duran challenges the procedural reasonableness of his forty-one-month sentence, claiming that his prior conviction for aggravated assault under Texas law was not a crime of violence under the United States Sentencing Guidelines (USSG). Because we agree that under Texas law aggravated assault can be committed with only a mens rea of recklessness, it is not categorically a crime of violence.

We therefore remand for resentencing...

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