U.S. v. Angiano

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 09-3592
Decision Date: 
April 19, 2010
Federal District: 
E.D. Wisc.
Holding: 
Affirmed
Dist. Ct. did not err in sentencing defendant to 77-month term of incarceration on charge of illegal reentry into U.S., where sentence was based, in part, on 16-level enhancement due to defendant's prior Wisc. burglary conviction where said conviction was considered to be crime of violence under section 2L1.2(b)(1)(A)(ii) of USSG. Defendant's prior offense was specifically enumerated as crime of violence under section 2L1.2 n.1(B)(iii) of US Sentencing Guidelines Manual, and thus defendant could not rely on residual clause of Armed Career Criminal Act's definition of violent felony to determine whether instant enhancement was warranted.