United States v. Oscar Ceron

Oscar Cecilio Ramos Cerón pleaded guilty to reentry of a deported alien. The district court applied a 16-level Sentencing Guidelines enhancement, categorizing his prior Florida conviction of aggravated battery as a “crime of violence.” Ramos Cer-ón appeals, arguing that Florida aggravated battery is not a crime of violence, and that collateral estoppel should have precluded the government from asserting the crime of violence enhancement because a judge presiding over his earlier reentry case declined to apply it.

I

The calculation of Ramos Ceron’s offense level in his presentence report (PSR)…