[DOWNLOAD] "United States V. Dominguez-Ochoa" by United States Court Of Appeals Fifth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: United States V. Dominguez-Ochoa
- Author : United States Court Of Appeals Fifth Circuit
- Release Date : January 22, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Primarily at issue is whether, for Sentencing Guidelines purposes, criminally negligent homicide under Texas law is equivalent to manslaughter and, therefore, an enumerated crime of violence under Guidelines § 2L1.2, permitting the 16-level enhancement imposed against Felipe de Jesus Dominguez-Ochoa. See U.S.S.G. § 2L1.2 cmt. n.1(B)(ii)(II) (2002). Criminally negligent homicide has a mens rea of negligence; generic, contemporary manslaughter, of recklessness. Therefore, the two offenses are not equivalent. The enhancement is VACATED ; the case is REMANDED for resentencing.