Procedural Sentence Challenge
Defendant Jarrod Duran was convicted in district court for possession of a firearm by a convicted felon, after he plead guilty. United States v. Duran, 11-1308, 2012 WL 4947031, at *1 (10th Cir. 2012). The district court found that Duran’s previously convicted crime of aggravated assault in Texas was a crime of violence and sentenced him to 41 months. Id. Duran, on appeal, challenges his sentence, arguing that his assault conviction was not a crime of violence. Id.
The Court of Appeals for the 10th Circuit agreed with Duran. Id. The court reasoned that only crimes with a mens rea of intent or purpose may qualify as crimes of violence. Id. at *3. Under Texas law, “[T]he elements of aggravated assault are 1) the defendant 2) intentionally, knowingly or recklessly 3) caused bodily injury to another and 4) used a deadly weapon.” Id. at *4. Thus, the court determined that “aggravated assault under Texas law could be committed with a reckless state of mind.” Id. at *5. Therefore, the court remanded Duran’s sentencing because the crime of aggravated assault under Texas law is not a categorical crime of violence. Id.
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Defendant Jarrod Duran was convicted in district court for possession of a firearm by a convicted felon, after he plead guilty. United States v. Duran, 11-1308, 2012 WL 4947031, at *1 (10th Cir. 2012). The district court found that Duran’s previously convicted crime of aggravated assault in Texas was a crime of violence and sentenced him to 41 months. Id. Duran, on appeal, challenges his sentence, arguing that his assault conviction was not a crime of violence. Id.
The Court of Appeals for the 10th Circuit agreed with Duran. Id. The court reasoned that only crimes with a mens rea of intent or purpose may qualify as crimes of violence. Id. at *3. Under Texas law, “[T]he elements of aggravated assault are 1) the defendant 2) intentionally, knowingly or recklessly 3) caused bodily injury to another and 4) used a deadly weapon.” Id. at *4. Thus, the court determined that “aggravated assault under Texas law could be committed with a reckless state of mind.” Id. at *5. Therefore, the court remanded Duran’s sentencing because the crime of aggravated assault under Texas law is not a categorical crime of violence. Id.
For More Information Please Contact:
Phone: (913) 948-9490
Office Hours: 8 a.m. to 5 p.m. Monday-Friday
Don't Forget To Visit Our Website:
http://eslawyers.com
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