United States v. Parral-Dominguez

Defendant pleaded guilty to illegally reentering the country and the district court applied a sixteen-level sentencing enhancement based on defendants previous conviction in North Carolina for discharging a firearm into an occupied building, which the district court concluded is a requisite “crime of violence.” The court concluded that the district court erred in ruling that defendant's offense necessarily involved the use, attempted use, or threatened use of force against a person when, in fact, under North Carolina law, there need be only the use of force against property to sustain a conviction. The court further concluded that this error was not harmless and therefore, the court vacated defendant's sentence and remanded for resentencing. View "United States v. Parral-Dominguez" on Justia Law