DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
143627P.pdf 04/27/2016 United States v. Barvarito Garcia-Longoria
U.S. Court of Appeals Case No: 14-3627
U.S. District Court for the Southern District of Iowa - Council Bluffs
[PUBLISHED] [Loken, Author, with Wollman and Bye, Circuit Judges]
Criminal case - Sentencing. The district court did not err in determining
that defendant's prior conviction for violating Neb. Rev. Stat. Section
28-931(1) for intentional assault of a police officer was a crime of
violence, as the mens rea alternatives in the statute are alternative
elements in a divisible statute that permit use of the modified
categorical approach to determine the prior conviction was a crime of
violence.