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Colorado Harassment Convictions Not Categorically Crimes of Violence

By Shari Allison

US v. Maldonado-Lopez, No. 07-2195, 2/27/08 (published): The Tenth Circuit reverses for resentencing in a reentry case in which the defendant had three prior misdemeanor convictions for harassment under Colorado law. Defendant objected to the three convictions being considered misdemeanor crimes of violence and his offense level under USSG 2L1.2 being enhanced four levels as a result. Defendant argued that the Colorado statute was not categorically a crime of violence and that the summary description in the judgment of the prior conviction was insufficient to prove that he was convicted of one of the subsections that had, as an element, the use of force. The district court overruled the objections and imposed 4-level increase. The Tenth Circuit held that the modified categorical approach was appropriate here because the statute was broad enough to encompass both violent and nonviolent crimes...continue to full post

Full post as published by Tenth Circuit Blog on February 28, 2008 (boomark / email).