In United States v. Pimental-Flores, 339 F.3d 959 (9th Cir 2003), the Ninth Circuit held that a "crime of violence" under Sentencing Guidelines need not be an "aggravated felony" within meaning of the statute to qualify for a 16-level enhancement in an illegal reentry case. The guideline is plainly inconsistent with 8 U.S.C. 1326(b)(2), which permits an enhancement only for an aggravated felony as defined by statute. Although the Sentencing Commission has wide latitude in creating the Sentencing Guidelines, the Supreme Court still requires that the Guidelines not violate a statute or the Constitution. Stinson v. United States, 508 U.S. 36 (1993).

jurisdiction: 
Ninth Circuit

 

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