United States v. Gomez-Hernandez

OPINION

TALLMAN, Circuit Judge:

Miguel Angel Gomez-Hernandez (“Gomez-Hernandez”) appeals the forty-one-month sentence imposed by the district court following his conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326(a), enhanced by 8 U.S.C. § 1326(b)(2). He challenges the district court’s determination that his prior Arizona state court conviction for attempted aggravated assault is a crime of violence, and the resulting sixteen-level sentencing enhancement under the U.S. Sentencing Guidelines Manual § 2L1.2(b)(l)(A)(ii). 1

Gomez-Hernandez’s principal contention on…