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New Mexico crimes

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Tenth Circuit Finds that New Mexico Conviction for Aggravated Assault with a Deadly Weapon is a Crime of Violence

In a federal sentencing case, the Tenth Circuit has determined that a New Mexico conviction for aggravated assault with a deadly weapon is categorically a crime of violence because it requires the use of a deadly weapon during the assault.  Given the similarities between the definition of a crime of violence in the criminal sentencing context and the immigration context, this decision will likely have persuasive value when evaluating whether this conviction qualifies as a crime of violence aggravated felony.

The full text of United States v. Maldanado-Palma can be found here:

https://www.ca10.uscourts.gov/opinions/15/15-2146.pdf

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