United States v. Alfonso Rodriguez-Rodriguez

EDWARD C. PRADO, Circuit Judge:

I. BACKGROUND

Defendant-Appellant Alfonso Rodriguez-Rodriguez (Rodriguez) pleaded guilty to illegal reentry in violation of 8 U.S.C. § 1326. Rodriguez had previously been convicted of stalking in violation of Texas Penal Code § 42.072. In Rodriguez’s presentencing report (PSR), the probation officer recommended a sixteen-level enhancement to Rodriguez’s offense level for a “crime of violence” (COV) under U.S. Sentencing Guidelines Manual (U.S.S.G.) § 2L1.2(b)(l)(A)(ii) based on the Texas stalking conviction. The PSR calculated Rodriguez’s total offense level at…