United States v. Marcia-Acosta

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Defendant was convicted of unlawful reentry into the United States. In sentencing Defendant, the district court determined, using the modified categorical approach, that Defendant’s prior state conviction for aggravated assault was a “crime of violence” under the United States Sentencing Guidelines. In determining that Defendant had pled to the generic elements of aggravated assault, the court relied upon a single statement by defense counsel, during the state court plea colloquy, concerning the factual basis for the defendant’s plea. The Ninth Circuit vacated Defendant’s sentence, holding that the district court’s application of the modified categorical approach contravened the principles underlying Descamps v. United States. Specifically, the Court held that in this case, where the Shepard documents did not prove that Defendant was convicted of the crime of intentional (or knowing) aggravated assault, the modified categorical approach was inappropriate. Remanded for resentencing. View "United States v. Marcia-Acosta" on Justia Law