United States v. Antonio-Agusta

MURPHY, Circuit Judge.

I. Introduction

Jose Antonio-Agusta appeals the district court’s application of U.S.S.G. § 2L1.2(b)(l)(A)(ii)’s sixteen-level sentence enhancement in calculating his advisory Guidelines range. 1 He argues the district court erred in relying on the indictment underlying his prior Arizona convictions to conclude those convictions constitute felony crimes of violence, warranting the enhancement. The district court did not err, however, because the indictment was incorporated by reference in the judgment and is therefore reliable evidence of the elements of Antonio-Agusta’s…