(Download) "United States v. Vargas-Duran" by In the United States Court of Appeals for the Fifth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Vargas-Duran
- Author : In the United States Court of Appeals for the Fifth Circuit
- Release Date : January 08, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
This appeal contemplates the application of a sentence enhancement to a defendants sentence for being unlawfully present in the United States in violation of 8 U.S.C. § 1326 (2000). The Pre-Sentencing Report ("PSR") recommended that a sixteen-level enhancement be added to a base offense level of eight because Enrique Vargas-Duran ("Vargas-Duran") previously had been convicted of intoxication assault under Texas law. Vargas-Duran objected to the enhancement, arguing it was improper because intoxication assault was not a crime of violence under § 2L1.2 of the U.S. Sentencing Guidelines Manual ("U.S.S.G."). The district court agreed with the PSRs recommendation and enhanced Vargas-Durans sentence. On appeal, a majority of a panel of this Court affirmed the district court, holding that intoxication assault required the use of force, and, as such, met the U.S.S.G. definition of a crime of violence.
 "United States v. Vargas-Duran" by In the United States Court of Appeals for the Fifth Circuit " eBook PDF Kindle ePub Free){kind=link}