United States v. Gomez-Guerra

On August 18, 2005, Benito Gomez-Guerra (“Gomez”) pleaded guilty to illegal reentry in violation of 8 U.S.C. § 1326(b) (2000). The district court sentenced Gomez to 72 months imprisonment after calculating a sentencing guideline range of 70-87 months. To reach that guideline range, the district court applied, among other adjustments, a 16-level enhancement, pursuant to United States Sentencing Guidelines Manual (“USSG”) § 2L1.2(b)(l)(A)(ii) (2005), after determining that Gomez’s 1997 Florida conviction for burglary, Florida Statute § 810.02(3) (1995), constituted a crime of violence. Gomez…