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143072P.pdf 07/08/2015 United States v. Dominic Kosmes
U.S. Court of Appeals Case No: 14-3072
U.S. District Court for the Western District of Arkansas - Fayetteville
[PUBLISHED] [Melloy, Author, with Murphy and Shepherd, Circuit Judges]
Criminal case -Sentencing. Manslaughter as enumerated in the Sentencing
Guidelines means a criminal homicide that is committed(a) recklessly or
(b) intentionally if committed under the influence of extreme mental or
emotional disturbance for which there is a reasonable explanation or
excuse; here, the relevant Guam statute provided that criminal homicide
constitutes manslaughter when it is committed recklessly; as a result,
defendant's manslaughter qualified as a crime of violence under Guidelines
Sec. 2L1.2(b)(1)(A)(ii).