Wednesday, August 16, 2006

Attempted agg indecent solicitation is not a "crime of violence"

In U.S. v. Harris, Judge Rogers wrote a nice sentencing memorandum decision holding that attempted aggravated indecent solicitation is not a "crime of violence" as defined by U.S.S.G 4B1.2. Judge Rogers noted that "Here, we have a crime that is at best ambiguous when one looks at the language of the statute. With some additional information, we could easily find that a crime of violence is present here. However, the government was not able to produce the charging document, the plea agreement, or the plea colloquy. Without this information, we cannot find that the defendant's underlying crime constitutes a crime of violence."

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