Only one win last week - on a technical issue of what counts as a crime of violence, statutory rape, and sentencing law.
To the victory!
1. United States v. Rangel-Castaneda, Fourth Circuit: The district court incorrectly classified appellant's Tennessee statutory rape conviction as a generic "statutory rape" offense and, by extension, a "crime of violence" under the sentencing guidelines enhancement in § 2L1.2(b)(1)(A)(ii). This is because Tennessee's provision is significantly broader than the generic offense: in Tennessee, the age of consent is 18, while the "generic, contemporary meaning" of statutory rape sets it at 16. For these reasons, the case was remanded for resentencing.
About This BlogThe Federal Criminal Appeals Blog is published by The Kaiser Law Firm PLLC in Washington, DC. The Kaiser Law Firm represents people who have been charged with federal crimes, are under federal investigation, or have a federal criminal appeal.
If you'd like to speak with us, please call (202) 640-2850. Odds are we'd love to talk to you.