New Mexico | Criminal Law
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?


