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Fla. Agg Battery Conviction Not Categorically a Crime of Violence

By Shari Allison

United States v. Barraza-Ramos, ___ F.3d ___, 2008 WL 5401417 (10th Cir. 2008)The Court happily determines, in at least the context of this case, ?or? does not mean ?and.? Defendant?s Florida conviction for felony aggravated battery was not categorically a crime of violence and could not support the 16 level upward adjustment under USSG 2L1.2 on a reentry conviction. Because agg battery is not one of the enumerated COVs in the guideline, the Court looked to whether it had the element of use, attempted use, or threatened use of physical force against the person of another. The subsection of the Fla. statute to which Defendant pleaded guilty applied to battery of a pregnant person, elevating the offense of simple battery to a felony and requiring a look at simple battery...continue to full post

Full post as published by Tenth Circuit Blog on January 05, 2009 (boomark / email).