Eleventh Circuit Court of Appeals

Summaries for May 31, 2012

• United States v. Cortes-Salazar
  Constitutional Law, Criminal Law
• Opinion Date: May 30, 2012

• Docket: 11-11428

  Judge: Marcus
  Areas of Law: Constitutional Law, Criminal Law
  Defendant appealed from his sentence of illegal reentry of a deported alien. The district court enhanced his base offense level by sixteen levels because he had previously been convicted of a "crime of violence" under U.S.S.G. 2L1.2(b)(1)(A), and reduced it by three levels under U.S.S.G. 3E1.1 for acceptance of responsibility. The court held that the distinct definition of "crime of violence" provided in the commentary to section 2L1.2 remained "authoritative" and the district court did not err by relying on the commentary in imposing the sixteen-level enhancement. Accordingly, the court affirmed the judgment.
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