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: Fifth Circuit Blog

Kidnapping Under Cal. Penal Code 207(a) Isn't Categorically a 16-Level COV Under 2L1.2

United States v. Moreno-Florean, No. 07-50833 (5th Cir. Sept. 8, 2008) (King, DeMoss, Prado)This opinion packs a lot into seventeen pages, and is probably more important for the satellite issues it resolves (details of the categorical approach, effect of guideline calculation error in appeal of sentence) than for the ultimate COV issue.Our facts, in brief: Moreno pleaded guilty to illegal reentry. He had a prior conviction for kidnapping under Cal. Penal Code 207(a), which provides that ?[e]v read more

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Full post as published by Fifth Circuit Blog on September 10, 2008 (boomark / email).

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