Colorado conviction for harassment is not necessarily crime of violence for purposes of sentence enhancement under U.S.S.G. § 2L1.2

SENTENCING United States v. Maldonado-Lopez, No. 07-2195, ___ F.3d ___ (10th Cir. Feb. 27, 2008)(New Mexico). Appeal of sentence for crime of unlawful reentry to United States after prior deportation HELD: District court erred in enhancing defendant’s sentence under U.S.S.G. § 2L1.2 for having three prior convictions for crimes of violence where prior convictions relied upon included Colorado conviction for harassment. Colorado statutory definition for crime of harassment encompasses both violent and non-violent conduct. Colorado crime of harassment is therefore not categorically a crime of violence under sentencing guidelines at U.S.S.G. § 2L1.2 and requires sentencing court to look beyond statutory language for evidence that crime involved use of force. Here, judgment document relied on by district court recited only statutory language and therefore did not provide requisite factual basis necessary for finding that defendant committed crime of violence. Read the opinion here.