Fifteen year old kidnapping conviction may be used to enhance sentence for illegal reentry under U.S.S.G. § 2(b)(1)(A)

SENTENCING United States v. Torres-Duenas, No. 06-1062, ___ F.3d ___ (10th Cir. Aug. 28, 2006)(Colorado). Appeal of conviction for illegal reentry to United States by person previously deported for aggravated felony in violation of 8 U.S.C. § 1326(a) and (b)(2). HELD: District court did not commit plain error by enhancing defendant’s sentence sixteen levels under U.S.S.G. § 2L1.2(b)(1)(A) “crime of violence” enhancement by using fifteen year old kidnapping conviction. Definition of “crime of violence” in commentary to § 2L1.2(b)(1)(A) sets no time limit on age of conviction that may be used to apply enhancement. Read the opinion here.