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U.S. v. CABRERA-UMANZOR

No. 11-4621.

728 F.3d 347 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Hans Elvin CABRERA-UMANZOR, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 26, 2013.

Attorney(s) appearing for the Case

ARGUED: Joanna Beth Silver , Office of the Federal Public Defender, Baltimore, Maryland, for Appellant. Erin Baxter Pulice , Office of the United States Attorney, Greenbelt, Maryland, for Appellee. ON BRIEF: James Wyda , Federal Public Defender, Baltimore, Maryland, for Appellant. Rod J. Rosenstein , United States Attorney, Baltimore, Maryland for Appellee.

Reversed and remanded by published opinion. Chief Judge TRAXLER wrote the opinion, in which Judge NIEMEYER and Judge MOTZ joined.

TRAXLER, Chief Judge:

Hans Cabrera-Umanzor pleaded guilty to unlawful re-entry of a removed alien after an aggravated felony conviction. See 8 U.S.C. § 1326(a)(1). Applying what is generally referred to as the "modified categorical approach," the district court determined that Cabrera's prior conviction under Maryland's child abuse statute was a "crime of violence" under U.S.S.G. § 2L1.2(b)(1)(A)(ii). The district court therefore increased Cabrera...

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