United States v. Martinez-Paramo,
380 F.3d 799 (5th Cir. Aug. 4, 2004) (Pennsylvania conviction
for terroristic threats, in violation of 18 Pa. Cons. Stat.
§ 2706(a) (2003), was not established to be a crime of violence,
under U.S.S.G. § 2L1.2, comment (b)(ii)(I), for purposes of
enhancing the sentence for illegal re-entry, since the offense
is not on the list in (II) and the record does not establish
that it "has as an element the use, attempted use, or
threatened use of physical force against [the person of] another.").

jurisdiction: 
Fifth Circuit

 

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