5th Circ. Upholds Crime-Of-Violence Holding In Re-Entry Case

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Law360, New York (September 7, 2016, 11:22 PM ET) — The Fifth Circuit on Tuesday upheld a lower court’s finding that a Missouri conviction for “sexual misconduct” regarding a child counted as a so-called crime of violence, issuing a published decision that left intact a man’s three-year sentence for illegal re-entry.

A three-judge panel for the Fifth Circuit sided against Gelacio Lara-Martinez, who had appealed a district court’s finding that his Missouri violation for “sexual misconduct involving a child” was a crime of violence according to the sentencing guidelines.

According to the ruling, the guidelines levy…

Source: Law360