1. Home
  2. Browse Decisions
  3. F.3d
  4. 740 F.3d
  5. 740 F.3d 152 (2014)
 

U.S. v. APARICIO-SORIA

No. 12-4603.

740 F.3d 152 (2014)

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

United States Court of Appeals, Fourth Circuit.

Decided January 14, 2014.

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, Office of the Federal Public Defender, Baltimore, Maryland, for Appellant.

Rod J. Rosenstein , United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee.

Vacated and remanded by published opinion. Judge DAVIS wrote the opinion, in which Chief Judge TRAXLER, and Judges MOTZ, KING, GREGORY, SHEDD, DUNCAN, AGEE, KEENAN, WYNN, DIAZ, FLOYD, and THACKER joined. Judge WILKINSON wrote a dissenting opinion, in which Judge NIEMEYER joined.

ON REHEARING EN BANC

DAVIS, Circuit Judge:

The issue before us is whether the Maryland crime of resisting arrest, Md. Code, Crim. Law § 9-408(b)(1), "has as an element the use, attempted use, or threatened use of physical force against the person of another," and therefore qualifies categorically as a "crime of violence" within the meaning of U.S. Sentencing Guideline § 2L1.2, the reentry Guideline. We hold that it does not.

The...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases