United States v. Perez-Vargas

TYMKOVICH, Circuit Judge.

Ramon Perez-Vargas challenges the district court’s 16-level sentence enhancement of his sentence, which resulted from the court’s conclusion that his prior conviction for third degree assault in Colorado was a “crime of violence,” as defined by United States Sentencing Guideline (USSG) § 2L1.2. In addition, Perez-Vargas argues the district court violated United States v. Booker, — U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), when it mandatorily applied the Guidelines to his sentence. Taking jurisdiction pursuant to 28 U.S.C. § 1291, we reverse the district court’s…