District court told to consider whether NM aggravated assault is still a violent felony

United States v. Sanchez, 2021 WL 4168217 (September 14, 2021) (NM): After an earlier decision, defendant moved to abate the proceedings, (which stayed the filing of a petition for rehearing), until the Supreme Court decided Borden v. United States and Torres v. Madrid. When those decisions were published, defendant filed a petition for panel rehearing asking the court to reconsider its decision in light of those cases. This refurbished opinion shores up the panel’s Fourth and Fifth Amendment analysis and again affirms the district court’s decision to deny the motion to suppress. It also remands Sanchez’s case to the district court to decide whether New Mexico aggravated assault still is a violent felony after Borden.