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Home / Opinion Digests / Criminal Law / No Sentence Enhancement for Prior Child Abuse (access required)

No Sentence Enhancement for Prior Child Abuse (access required)

A district court erred in enhancing a defendant’s sentence for illegal reentry into the U.S. by determining her prior child abuse conviction to be an aggravated felony; the 4th Circuit joins the majority of its sister circuits and says the “modified categorical approach” for evaluating a defendant’s prior conviction as a crime of violence should ...

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