Home / Opinion Digests / Criminal Law (page 104)

Criminal Law

Resisting Arrest is Sentencing ‘Crime of Violence’ (access required)

In sentencing defendant on a conviction for illegal reentry into the U.S., a district court did not err in treating a prior conviction for resisting arrest as a “crime of violence” under federal sentencing guidelines; adopting the categorical approach to ...

Read More »

‘Missing Witness’ Instruction for Deported Witness (access required)

An alleged MS-13 gang member, charged with racketeering-related charges of murder, conspiracy to commit murder, use of a firearm and maiming, is entitled to a “missing witness” jury instruction because the U.S. deported a material witness without advising the defense; ...

Read More »

Gun’s Serial Number ‘Altered’ for Sentencing (access required)

A firearm serial number that is made less legible is “altered” for purposes of applying a four-level sentencing enhancement for “an altered or obliterated serial number” on a firearm, and the 4th Circuit affirms defendant’s 105-month sentence for his conviction ...

Read More »