U.S. v. APARICIO-SORIA

No. 12-4603.

721 F.3d 317 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Marcel APARICIO-SORIA, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 5, 2013.


Attorney(s) appearing for the Case

ARGUED: Sapna Mirchandani , Office of the Federal Public Defender, Greenbelt, Maryland, for Appellant. Paul Nitze , Office of the United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: James Wyda , Federal Public Defender, Baltimore, Maryland for Appellant. Rod J. Rosenstein , United States Attorney, Baltimore, Maryland, for Appellee.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge KISER joined. Judge DAVIS wrote an opinion, concurring in part and dissenting in part.


WILKINSON, Circuit Judge:

In sentencing defendant Marcel Aparicio-Soria for illegally reentering the United States, the district court applied the "crime-of-violence enhancement" in U.S.S.G. § 2L1. 2(b)(1)(A)(ii) on the basis of a previous Maryland conviction for resisting arrest. Aparicio-Soria challenges that decision here. Adopting the categorical approach, we find that the Maryland offense of resisting arrest constitutes a crime of violence under § 2L1...

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