Wednesday, October 18, 2006

Michigan Felonious Assault Equivalent to Generic Aggravated Assault; Triggers 16-Level COV Whack Under U.S.S.G. §2L1.2

United States v. Saucedo-Roman, No. 05-41013 (5th Cir. Oct. 16, 2006) (per curiam) (unpublished) (Smith, Wiener, Owen)

Our old nemesis COV makes yet another appearance. In this case, the prior conviction triggering the 16-level crime of violence enhancement under U.S.S.G. §2L1.2(b)(1)(A)(ii) is a Michigan conviction for felonious assault. Michigan defines that offense as "assault[ing] another person with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon without intending to commit murder or to inflict great bodily harm less than murder . . . ." Slip op. at 2 (quoting Mich. Comp. Laws § 750.82 (2002)). The court concludes, on the authority of United States v. Sanchez-Ruedas, 452 F.3d 409, 312 (5th Cir. 2006), that the Michigan offense is equivalent to generic aggravated assault as embodied in the Model Penal Code, and therefore a crime of violence.

This result may be consistent with Sanchez-Ruedas, but that case may have been wrongly decided so Saucedo-Roman should be considered questionable, as well.

Labels: , ,


Post a Comment

<< Home