United States v. Julian Garza-Guijan

DENNIS, Circuit Judge:

Julian Garza-Guijan (“Garza”) pleaded guilty to illegal reentry of an alien previously removed subsequent to a conviction for commission of an aggravated felony in violation of 8 U.S.C. § 1326(a) and (b)(2). The presentence report recommended a sixteen-level sentence enhancement under U.S. Sentencing Guidelines § 2L1.2(b)(l)(A)(ii) for reentry “after ... a conviction for a felony that is ... a crime of violence” based on Garza’s prior Florida state court convictions for burglary and sexual battery. Garza filed a written objection to the presentence report, arguing that…