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Criminal Law

: Tenth Circuit Blog

Assault by "Drugging" Not a Crime of Violence

By Shari Allison

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U.S. v. Rodriguez-Enriquez, -- F.3d --, 2008 WL 624433 (10th Cir. 3/10/08) - The Tenth reversed the imposition of the 16-level enhancement under § 2L1.2 for having a prior crime of violence, holding that a prior Colorado conviction of assault two (drugging a victim) was not for a crime of violence. Nonconsensual administration of a drug does not constitute "the use of physical force" because the word "physical" relates to the mechanism by which force is imparted to the person of another, rather than the effect of the force. The court points out that the sentencing court has discretion to vary from the advisory guidelines range to account for what may be an "artificial distinction" between shooting a victim and poisoning him.

Full post as published by Tenth Circuit Blog on March 11, 2008 (boomark / email).

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