United States v. Martinez-Candejas, 347 F.3d 853 (10 Cir. October 21, 2003) (disagreeing with United States v. Krawczak, 331 F.3d 1302, 1307 (11th Cir. 2003), the court held that the underlying facts of a prior conviction may be examined to determine whether the smuggling offense was committed for profit, and the Taylor v. United States, 495 U.S. 575, 601 (1990), categorical approach is inapplicable).
jurisdiction:
Tenth Circuit