United States v. Flores-Gallo

Fabian Flores-Gallo appeals the district court’s application of a sixteen-level “crime of violence” enhancement pursuant to § 2L1.2(b)(l)(A)(ii) of the U.S. Sentencing Guidelines. Flores-Gallo pleaded guilty to being unlawfully present in the United States following deportation. The Presentence Report recommended a sixteen-level “crime of violence” enhancement based on Flores-Gallo’s two prior convictions in Kansas for aggravated battery. Over Flores-Gallo’s objections, the district court found that the Kansas aggravated battery offense was a “crime of violence” for sentencing purposes and…