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    This document summarizes a United States Court of Appeals case. Rudy Geovanny Lemus Diaz pled guilty to unlawful reentry after deportation following an aggravated felony conviction. The district court sentenced Diaz to 24 months imprisonment, applying a sentencing enhancement for crimes of violence based on Diaz's prior Maryland second-degree assault conviction. However, a recent 4th Circuit case (United States v. Royal) found that Maryland's second-degree assault statute is indivisible and not subject to the modified categorical approach for determining if a conviction qualifies as a crime of violence. As such, the 4th Circuit vacated Diaz's sentence and remanded the case for reconsideration in light of Royal.

    Original Description:

    Filed: 2013-11-21 Precedential Status: Non-Precedential Docket: 13-4068

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    This document summarizes a United States Court of Appeals case. Rudy Geovanny Lemus Diaz pled guilty to unlawful reentry after deportation following an aggravated felony conviction. The district court sentenced Diaz to 24 months imprisonment, applying a sentencing enhancement for crimes of violence based on Diaz's prior Maryland second-degree assault conviction. However, a recent 4th Circuit case (United States v. Royal) found that Maryland's second-degree assault statute is indivisible and not subject to the modified categorical approach for determining if a conviction qualifies as a crime of violence. As such, the 4th Circuit vacated Diaz's sentence and remanded the case for reconsideration in light of Royal.

    Copyright:

    Public Domain
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    4 views2 pages

    United States v. Rudy Diaz, 4th Cir. (2013)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case. Rudy Geovanny Lemus Diaz pled guilty to unlawful reentry after deportation following an aggravated felony conviction. The district court sentenced Diaz to 24 months imprisonment, applying a sentencing enhancement for crimes of violence based on Diaz's prior Maryland second-degree assault conviction. However, a recent 4th Circuit case (United States v. Royal) found that Maryland's second-degree assault statute is indivisible and not subject to the modified categorical approach for determining if a conviction qualifies as a crime of violence. As such, the 4th Circuit vacated Diaz's sentence and remanded the case for reconsideration in light of Royal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-4068

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    RUDY GEOVANNY LEMUS DIAZ,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt.
    Peter J. Messitte, Senior District
    Judge. (8:12-cr-00335-PJM-1)

    Submitted:

    August 9, 2013

    Decided:

    November 21, 2013

    Before TRAXLER, Chief Judge, and NIEMEYER and SHEDD, Circuit


    Judges.

    Vacated and remanded by unpublished per curiam opinion.

    James Wyda, Federal Public Defender, Baltimore, Maryland; Paresh


    S. Patel, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Greenbelt,
    Maryland, for Appellant.
    Rod J. Rosenstein, United States
    Attorney, Baltimore, Maryland; Adam K. Ake, Assistant United
    States
    Attorney,
    OFFICE
    OF
    THE
    UNITED
    STATES
    ATTORNEY,
    Greenbelt, Maryland, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Appellant

    Rudy

    Geovanny

    Lemus

    Diaz

    pled

    guilty

    to

    unauthorized reentry of a deported alien after an aggravated


    felony conviction, in violation of 8 U.S.C. 1326(a).
    district

    court

    imprisonment.

    sentenced
    Diaz

    timely

    Diaz

    to

    twenty-four

    appealed.

    The

    district

    The

    months
    court

    increased Diazs offense level under U.S. Sentencing Guidelines


    Manual 2L1.2(b)(1)(A).

    This provision calls for a sixteen-

    level enhancement if the defendant was deported after he was


    convicted of a crime of violence.

    The district court found that

    Diazs prior Maryland second-degree assault conviction qualified


    as a crime of violence using the modified categorical approach.
    Diaz challenges this conclusion on appeal.
    After the parties submitted their briefs in this case, we
    decided United States v. Royal, 731 F.3d 333 (4th Cir. 2013),
    which

    holds

    that

    Marylands

    second-degree

    assault

    statute

    is

    indivisible and, under Descamps v. United States, 133 S. Ct.


    2276 (2013), not amenable to a modified categorical analysis in
    determining whether a conviction under that statute qualified as
    a crime of violence.

    Accordingly, we vacate and remand for

    reconsideration in light of Royal.


    VACATED AND REMANDED

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