Marquez-Lobos
United States v. Marquez-Lobos
Opinion
Lead Opinion
Smith, J.
ORDER
The opinion filed on June 19, 2012 is amended as follows:
On slip opinion page 7089, remove the paragraph from lines 1 to 10, starting with “Finally, even if Marquez-Lobos is correct that the Arizona statute sweeps more broadly than the generic crime ...” and ending with “... in which such a prosecution occurs.”
With this amendment, the panel has unanimously voted to deny the petition for panel rehearing. Judges McKeown and Smith have voted to deny the petition for rehearing en banc, and Judge Noonan so recommends.
The full court has been advised of the petition for rehearing en banc, and no active judge of the court has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.
The petition for panel rehearing and rehearing en banc is DENIED. No future petition for panel rehearing or rehearing en banc will be entertained in this case.
*761 OPINION
Florentino Marquez-Lobos appeals the 16-level enhancement of his sentence due to his prior 1985 conviction for kidnapping, under Arizona Revised Statute (ARS) § 13-1304. The district court found that his prior kidnapping conviction was a “crime of violence,” as defined under the United States Sentencing…