United States v. Rosales-Bruno

Defendant appealed his sentence of 87-months imprisonment, imposed following his plea of guilty to one count of illegal reentry following deportation. On appeal, defendant claimed that the district court erred by enhancing his sentence based on its finding that his prior conviction for false imprisonment under Florida law qualified as a conviction for a "crime of violence" under U.S.S.G. 2L1.2(b)(1)(A)(ii). The court held that it was error to find defendant's prior conviction under Florida Statutes 787.02 was a "crime of violence" under U.S.S.G. 2L1.2(b)(1)(A) because, like false imprisonment, a conviction for the other charges contained in defendant's information could be secured without the "physical force" necessary to commit a crime of violence. Therefore, the court vacated the sentence.