Cesar Noe Medina-Torres pleaded guilty to one count of being found knowingly and unlawfully present in the United States after deportation. His sentence was enhanced by a Florida conviction. The Florida statute encompasses conduct broader than that required for a generic theft offense; there is insufficient information to conclude that he had the requisite level of intent for the conviction to qualify as a generic "theft offense." Consequently, the prior conviction could not be used to enhance the sentence based on a prior aggravated felony conviction. The sentence is vacated and remanded. 5th U.S. Circuit Court of Appeals, No. 11-40656, 12-21-2012.
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United States v. Medina-Torres
5th Cir.
December 26, 2012
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