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113832P.pdf 06/17/2013 United States v. Reynaldo Roblero-Ramirez
U.S. Court of Appeals Case No: 11-3832
U.S. District Court for the Western District of Arkansas - Fayetteville
[PUBLISHED] [Chief Judge Riley, Author, with Bye and Benton, Circuit Judges]
Criminal Case - sentence. Nebraska state conviction for
manslaughter was not a conviction for a crime of violence and thus district
court erred in imposing a 16-level enhancement under Guidelines section
2L1.2(b)(1)(A)(ii). Under the categorical approach, generic federal
manslaughter requires a mens rea of recklessness and the Nebraska
manslaughter offense is broader than the generic federal counterpart.