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U.S. v. MADRID

No. 14-2159.

805 F.3d 1204 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Jonathan Matthew MADRID, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 2, 2015.

Attorney(s) appearing for the Case

Gregory J. Garvey , Assistant Federal Public Defender, Office of the Federal Public Defender, Las Cruces, NM, for Defendant-Appellant.

Laura Fashing , Assistant United States Attorney ( Damon P. Martinez , United States Attorney, with her on the brief), Office of the United States Attorney, Albuquerque, NM, for Plaintiff-Appellee.

Before TYMKOVICH, Chief Judge, LUCERO and MATHESON, Circuit Judges.

At issue is whether appellant Jonathan Madrid's prior conviction for statutory rape in Texas qualifies as a crime of violence under the United States Sentencing Guidelines. Applying the familiar modified categorical approach, and in light of Johnson v. United States, ___ U.S. ___, 135 S.Ct. 2551

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