New Mexico  |  Criminal Law

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8/18/11, 11:39 am

Legal Question


If a person was arrested for a violent crime, and as part of a plea agreement, the prosecution allowed the crime to be considered as a non-violent offense. After the defendant plead no contest he was found guilty of a non-violent crime. The sentence was allowed to run concurrent with a previous sentence he was serving. So my question is this, if the defendant gets re-arrested on the federal level, can they use this conviction which was considered a non-violent conviction by the state court, can it be used or counted in determining the defendant for the armed career criminal category?


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