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Gov't Concedes Plain Error in Applying 4B1.2 COV Definition in Reentry Context

By Shari Allison

Arreguin-Aguilar v US, 2008 WL 460975 (5/27/08) - A government concession of reversible plain error in the § 2L1.2 context. The S.Ct. vacates and remands based on the government's concession that the imposition of a 16-level enhancement for possession of a concealed weapon as a crime of violence under § 2L1.2 was plain error. Both parties at the d.ct. and circuit court level had agreed the offense was a crime of violence on the mistaken assumption that the § 4B1.2 definition of crime of violence applied in the § 2L1.2 context.

Full post as published by Tenth Circuit Blog on June 03, 2008 (boomark / email).