United States v. Jeremias Ovalle-Chun

Defendant-Appellant Jeremías Ovalle-Chun pleaded guilty to one count of illegal reentry into the United States in violation of 8 U.S.C. § 1326. Because the district court held that Ovalle-Chun’s 2004 conviction for aggravated menacing in Delaware was for a “crime of violence” under § 2L1.2(b)(l)(A)(ii) of the United States Sentencing Guidelines Manual, it applied a twelve-level enhancement to Ovalle-Chun’s base offense level. Ovalle-Chun argues that his prior conviction does not qualify as a crime of violence. Because aggravated menacing is an offense under state law that has as an element…