United States v. Jose Narez-Garcia
Court of Appeals for the Fifth Circuit
1Opinion of the Court
EDITH BROWN CLEMENT, Circuit Judge:
Jose Luis Narez-Garcia pleaded guilty to illegal reentry following deportation. At sentencing, Narez-Garcia objected to the application of an eight-level enhancement based on his prior Arkansas conviction of aggravated assault on a household member. Narez-Garcia argued that his Arkansas conviction did not constitute an aggravated felony because the offense did not have as an element the use of force or involve a substantial risk that force would be used against a person. The district court noted that Narez-Garcia had been convicted of two offenses:…
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