United States v. Segovia

Defendant pleaded guilty to being an alien found unlawfully in the United States after having been previously deported and subsequently appealed the district court's application of a sixteen-level enhancement for a prior conviction for a crime of violence (COV). The court rejected, in light of United States v. Pascacio-Rodriguez, defendant's argument that his Maryland conspiracy conviction cannot support a COV enhancement; the court need not address whether robbery under Maryland law is an enumerated offense under U.S.S.G. 2L1.2 cmt. n.1(B)(iii) because the object of defendant's conspiracy, robbery with a dangerous and deadly weapon, fits squarely within the catch-all provision; and conspiracy to commit robbery with a dangerous and deadly weapon is plainly within the Guidelines definition of a COV. Accordingly, the court affirmed the district court's application of the enhancement. View "United States v. Segovia" on Justia Law