Legal Opinion

United States v. Carlos Landaverde-Escalante

Court of Appeals for the Fifth Circuit

Decided May 20, 2015No. 14-40849Unpublished

1Opinion of the Court

PER CURIAM: *

Carlos Alfredo Landaverde-Escalante appeals the sentence imposed following his guilty plea conviction for illegal reentry into the United States after deportation. He argues that the district court erred in imposing a 16-level “crime of violence” enhancement under U.S.S.G. § 2L1.2(b)(l)(A)(ii) based on -his 2013 Georgia conviction for sexual battery against a child under 16 years of age and that the district court erred in treating his prior offense as an “aggravated felony” under 8 U.S.C. § 1326(b)(2). He asserts that (1) the offense does not have as an element the use,…

2Cases cited6 opinions

  1. Puckett v. United StatesSupreme Court of the United States · 2009
  2. United States v. TrejoCourt of Appeals for the Fifth Circuit · 2010
  3. United States v. Chavez-HernandezCourt of Appeals for the Fifth Circuit · 2012
  4. United States v. MillerCourt of Appeals for the Fifth Circuit · 2011
  5. United States v. Najera-NajeraCourt of Appeals for the Fifth Circuit · 2008

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