Legal Opinion

United States v. Perfecto Guerra

Court of Appeals for the Fifth Circuit

Decided October 21, 2013No. 11-20776UnpublishedCited by 1 opinion

1Opinion of the Court

PER CURIAM: *

Perfecto Bonilla Guerra pleaded guilty of illegal reentry by a previously deported alien after an aggravated felony conviction. His offense level was increased for a Texas conviction for attempted sexual assault that was deemed a “crime of violence” (“COV”) under U.S.S.G. § 2L1.2(b)(l)(A)(ii). He contends that his Texas conviction was not a COV because some of the offenses codified as sexual assault in Texas Penal Code § 22.011 do not qualify as COVs under the sentencing guidelines.

We review for plain error because the issue is raised for the first time on appeal. See United…

2Cases cited5 opinions

  1. Puckett v. United StatesSupreme Court of the United States · 2009
  2. United States v. Mondragon-SantiagoCourt of Appeals for the Fifth Circuit · 2009
  3. Esau Rodriguez v. Eric Holder, Jr.Court of Appeals for the Fifth Circuit · 2013
  4. United States v. Andino-OrtegaCourt of Appeals for the Fifth Circuit · 2010
  5. United States v. Santiago Castro-GonzalezCourt of Appeals for the Fifth Circuit · 2013

3Cited by1 opinion

  1. United States v. Santos Ortiz-MaldonadoCourt of Appeals for the Fifth Circuit · 2015

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