United States v. Frey Perlaza-Ortiz

JAMES E. GRAVES, JR., Circuit Judge:

Frey Perlaza-Ortiz1 challenges a crime-of-violence sentencing enhancement predicated upon his' prior conviction under Texas Penal Code § 22.05(b) (“Section 22.05(b)”). We VACATE the sentence and REMAND for resentencing.

BACKGROUND

Perlaza-Ortiz is a Colombian citizen who pleaded guilty to unlawfully reentering the United States. At sentencing, the district court applied a sixteen-level increase to Perlaza-Ortiz’s base offense level under Section 2Ll,2(b)(l)(A)(ii) of the United States Sentencing Guidelines. 1 Perlaza-Or-tiz objected to the enhancement, but…