U.S. v. GONZALEZ-MONTERROSO

No. 12-10158.

745 F.3d 1237 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Alvaro GONZALEZ-MONTERROSO, AKA Alvaro Gonzalez, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 14, 2014.


Attorney(s) appearing for the Case

Roger H. Sigal , Law Offices of Roger H. Sigal, Tucson, AZ, for Defendant-Appellant.

Erica Anderson McCallum (argued), Assistant United States Attorney; John S. Leonardo , United States Attorney; Robert L. Miskell , Appellate Chief, United States Attorney's Office, Tucson, AZ, for Plaintiff-Appellee.

Before: J. CLIFFORD WALLACE, MILAN D. SMITH, JR., and SANDRA S. IKUTA, Circuit Judges.


OPINION

IKUTA, Circuit Judge:

This appeal raises the question whether Delaware's criminal attempt statutes, see Del.Code Ann. tit. 11, §§ 531(2), 532, constitute a federal generic attempt crime for purposes of imposing an enhancement under the U.S. Sentencing Guidelines. Because we conclude that Delaware's definition of "attempt" criminalizes more conduct than the federal generic definition, we conclude that the district court erred in imposing...

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